Background and Aim: The physician’s duty of confidentiality toward the patient has long been recognized as one of the fundamental obligations of medical practice. When an individual seeks medical treatment, the most basic right that can be attributed to them is the assurance that their personal information and secrets will be preserved. The physician-patient relationship has historically been regarded not merely as an economic interaction but primarily as an ethical concept. Nevertheless, due to evolving societal moral values and advancements in medical science, the protection of patients with respect to the confidentiality of medical information has become increasingly essential. In order to impose sanctions on a person who breaches the duty of confidentiality, a proper legal foundation must be established.
Method: This study was conducted using jurisprudential and legal sources, relying on a descriptive-analytical method and employing library-based data collection tools.
Ethical Considerations: In this research, ethical aspects of the library-based study - including authenticity of texts, honesty and integrity - have been duly observed.
Results: The findings of the research, through a careful examination of the foundations and sources of the duty of confidentiality, indicate that confidentiality is not merely a moral obligation but also a contractual commitment inherent in all therapeutic interventions. Breach of this duty entails not only criminal and disciplinary liability for the physician but also civil liability.
Conclusion: Considering the nature of confidentiality in medical interventions and by aligning the physician’s duty in this regard with the general implications of contracts, it is established that confidentiality constitutes an implied fundamental term in every medical treatment contract. Therefore, in the event of a breach of this obligation by the physician, there is no need to classify the act under tort liability. Rather, the patient may claim damages on the basis of breach of contractual obligation.

Please cite this article as:
Mahdian M. The Physician’s duty of Confidentiality in Light of the General Implication of Contracts. Medical Law Journal. 2026; 20: 22.