The Issue of Professional Discretion for Pathologists

Abstract

According to German law the physician shall not disclose secrets that were confided or made known to him.

The definition reads: physician is who practises the healing art (including medicine and surgery).

When considering this definition part of the jurisprudence is of the opinion, therefore, that subject of such healing is exclusively the living human being and the pathologist acting as post-mortem examiner makes solely statements concerning the dead body and thus is not to be considered as physician.

This opinion does not do justice to the real tasks of the pathologist.

The basic idea of the tasks of the pathologist is the consultation and assistance of the physician practising the healing art. Hence the post- mortem examinations serve indirectly as healing treatment.

Consequently the pathologist acts as physician and is bound to professional discretion. This result corresponds with the law enforce according to which secrets are subject to protection beyond death.