Thesis:

Examining the claim for moral damages resulting from the disclosure of patient medical information in Iranian law and judicial practice

Preservation of secrets is one of the recognized rights of patients, which has been emphasized in the patient's rights charter of most countries and other domestic and international laws and regulations. Undoubtedly, preserving secrets is one of the reasons why patients trust doctors and refer to them, and failure to pay attention to this will lead to the loss of patients' trust in doctors, reduced honesty, and failure to refer to them in many cases. Therefore, the violation of this recognized right of the patient is also one of the important issues of medical law. The purpose of this research is to investigate the claim for moral damages resulting from the disclosure of a patient's medical information in Iranian law and judicial practice. Although there is a legislative basis in Iranian law for recognizing the responsibility for disclosing medical secrets and the conditions and compensation for its damages, in practice we rarely witness such claims and rulings in the Iranian legal system. Also, in case of disclosure of patient secrets, damages can be compensated by relying on the civil liability law. If the disclosure of patient secrets by a doctor causes harm to the reputation, dignity and personality of the individual, it is possible to file a lawsuit and demand compensation for material or moral damages. In legal proceedings, courts in most cases, despite different solutions for compensation for moral damages, including symbolic compensation, etc., issue an order to pay compensation for the damages incurred and consider payment of money as the most appropriate method to compensate the patient's moral losses, even if the disclosure of secrets is inadvertent. .

Keywords: Keywords: moral damages, disclosure of patient medical information, Iranian law, legal procedure