Broglie M G
Kinderarztl Prax. 1993 Mar;61(2):70-4.
Summarizingly it is to be mentioned that, concerning the professional secrecy, the principle is held that the physician is allowed to speak as much as it is necessary and he must be silent as far as it is possible. The physician is entitled to reveal but not obliged to do so as far as he has been exonerated from the professional secrecy or as far as the revelation is necessary for the protection of a higher legal proceeding. This is taken into consideration also for evidence in judicial proceedings. Apart from legal informational obligations at first, however, not the physician but the patient defines the breadth of allowable infringements. Only when the professional secrecy collides with the legal matters of third persons the physician himself gets into compulsions of decision. Taking into consideration the criminal law the maintenance as well as the infringement of the professional secrecy remain without consequences for the physician, if the translegal critical state is present. In such cases, however, he should endeavour to keep the dangers which brings his silence for others as insignificant as possible.
概括地说，关于职业保密，秉持的原则是，医生在必要时可以畅所欲言，并且在可能的情况下必须保持沉默。医生有权披露信息，但没有义务这样做，前提是他已从职业保密义务中解脱出来，或者披露信息对于保护更高层级的法律程序是必要的。这一点在司法程序中的证据方面也会被考虑进去。然而，首先除了法定的信息义务外，界定可允许的侵权范围的不是医生，而是患者。只有当职业保密与第三方的法律事务发生冲突时，医生自己才会面临决策的压力。考虑到刑法，如果存在超法律的临界状态，职业保密的维持以及违反行为对医生来说都不会产生后果。然而，在这种情况下，他应尽力使因他的沉默给他人带来的危险降至最低。
