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Th e paper presents problems related to medical confi dentiality aft er the patient’s death. Th e reasons for the waiver of this secret need to be considered. To this end, the authors analysed Polish regulations of medical law and then compared them to selected European regulations: French and English law. Th e inspiration for describing these two legal orders were two media-highlighted cases of the publication of medical diaries aft er the deaths of people holding the highest state offi ces: Lord Moran and Dr. Claude Gubler. Th e fi rst doctor published his memoirs concerning the state of health of the English statesman of World War II – Winston Churchill, while the second published his memoirs aft er the death of the French President – François Mitterrand. Th e authors describe the reaction of the law to these breaches of secrecy aft er the deaths of the patients, and confront them with the current regulations. Th e whole is crowned with conclusions resulting from the comparison of Polish, French and English law. Th e paper uses the dogmatic-legal and comparative methods.

Medical Confidentiality after Patient Death in Selected Civil and Common Law Systems