Duty of confidentiality: Challenges for medical practitioners in Argentina

Abstract

This article examines systematic breaches of medical confidentiality in Argentina's reproductive healthcare system, where healthcare providers often report patients experiencing obstetric emergencies to law enforcement agencies. Drawing on judicial records, interviews with healthcare professionals, and analysis of medical curricula, the study shows how structural weaknesses, regulatory ambiguities, and biases in medical education undermine professional confidentiality, turning hospitals into patients' entry points to the criminal justice system rather than spaces of care. Despite strong constitutional protections and Supreme Court rulings affirming patients' rights to confidentiality, significant gaps persist between legal standards and practice. Situating Argentina within broader Latin American patterns, the article argues that clearer institutional guidelines, improved professional training, and consistent judicial interpretation are needed to align medical practice with human rights standards and rebuild patient trust.