Breach of Doctor/Patient Confidentiality

Part of a relationship between a doctor and patient includes the understanding that whatever conditions the patient may suffer from, and any subsequent treatments he or she undergoes, will be kept confidential and never be disclosed to any unauthorized third party.  When a physician violates this confidentiality it can result in a medical malpractice claim.

Medical confidentiality does not cover only what a patient discusses with a doctor, but also encompasses:

  • Medical records
  • X-Rays
  • Lab reports
  • Communications between patient and doctor
  • Communications between patient and other professional staff working with the doctor

Typically, any interactions between doctor and patient are to be held in the utmost of privacy and confidentiality.  It is also important to note that this duty does not end when a patient chooses to seek treatment elsewhere.  Once a physician is under a duty of confidentiality, she is bound by this even if she is no longer treating the patient.

There are, of course, limited exceptions to the duty of confidentiality such as when ordered to release information by law or disclosures to state health officials.  Typically, though, the only way a physician can release medical information about a patient to a third party is with the patient’s consent (usually in writing).

If you feel that your physician has violated his duty of confidentiality to you contact a medical malpractice attorney today.

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One Response to Breach of Doctor/Patient Confidentiality

  1. J MStevenson says:

    What is the federal statute that guarantees doctor-patient confidentiality?

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