The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
When an entrusted secret, however, which is also called a strict
or absolutely natural secret, is imparted expressly or tacitly,
say, to physicians, lawyers, or priests, and becomes a professional
secret, it obliges more strictly than any other. There are four
conditions under which such an entrusted secret may be revealed, at
least without mortal sin (except by a confessor): (1) If we have the
presumed consent of the principal. (2) If the material of the secret
is trivial, or if it is known from another source, or is already
public. Is it a mortal sin to divulge a grave entrusted secret to
a responsible person who is under the same bond? St. Alphonsus,
De Lugo, and others say probably it is not, provided the secret
is not divulged to the particular person from whom the principal
wished it to be concealed. The term _probably_ here is technical
and refers more to the absolute truth of an assertion than to its
practical application. (3) One might reveal such a secret without
mortal sin, through inadvertence or thoughtlessness, or under the
supposition that it is not a grave secret. Some moralists hold,
however, that to excuse from mortal sin, the revealer must be certain
that the matter of the secret is not grave. (4) Such a secret may
be revealed if keeping it would cause public injury, or injury to
an innocent person, or injury to the person to whom the secret has
been entrusted; then the law of charity demands that it be revealed.
Therefore, even if one has bound himself under oath, he may reveal
the secret--always excepting a priest or confessor. This is the
common doctrine of moral theologians. It is for the common good of
human society that entrusted secrets be absolutely kept unless so
grave a damage befalls another from such observance that it becomes
more conducive to the public good to reveal than to conceal. To let
an infective syphilitic, for example, spread his contagion merely
because an entrusted secret should be kept is a much greater damage
to the public than a good.
Barrett[163] says a physician may not divulge the diseases of a
family to an insurance company unless the family assents; he may
not tell the man before marriage that the woman had been operated
upon, say, for ovariotomy, unless the woman gives permission; nor
may he let the woman know, before marriage, of those diseases of the
man which are not contagious. Ho says further that if a man has had
syphilis and is now completely cured, the physician may not reveal
this previous condition to the woman.
[163] Sabetti-Barrett, _Compend. Theol. Moral._, n. 565. New
York, 1915.
Public-domain text, read in full here on John Shaqi.
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