Breaches of Doctor-Patient Confidentiality

Going to the doctor involves sharing sensitive information. For example, you might discuss medical conditions and personal finances. Doctors have a legal duty to protect this information.

The law recognizes a unique relationship between doctor and patient. Doctor-patient relationships need privacy, much like attorney-client relationships. Confidentiality laws and medical ethics allow for open and honest communication.

Healthcare providers also have consent requirements. Consent controls whether a doctor can share patient information with a third party.

This article focuses on breaches of doctor-patient confidentiality and consent. If a medical provider violates their duty, you may have legal remedies.

What Is Doctor-Patient Confidentiality?

Confidentiality means doctors can't disclose patient information to others.

A doctor creates this protection when they accept you as a patient. For example, confidentiality starts when you schedule your first appointment. Medical details stay confidential during and after medical care.

The Health Insurance Portability and Accountability Act (HIPAA) protects a patient's health information. This act recognizes the need to protect private health information. HIPAA requires medical professionals to keep patient information confidential.

One purpose of confidentiality is to help patients openly communicate with doctors. Receiving all relevant information helps a doctor make a correct diagnosis and provide the best possible medical care.

Exceptions: When Can a Doctor Share My Information?

In general, a patient's medical records are confidential. A doctor cannot give medical information to third parties without the patient's consent.

Yet, there are some exceptions to this rule:

• Issues about health insurance
• If confidential information is at issue in a lawsuit
• If a patient or client plans to cause immediate harm to others

What Does Doctor-Patient Confidentiality Cover?

Any information a patient reveals to a doctor is confidential. The law also protects doctors' opinions and conclusions after their assessments. Confidentiality covers all medical records.

Examples of confidential information in medical records include:

• Medical history
• Pre-existing medical conditions
• Communicable diseases
• X-rays
• Lab-reports
• Communication between patient and doctor
• Communication between the patient and other professional staff working with the doctor

What Is a Breach of Confidentiality?

A breach of confidentiality involves sharing a patient's information without consent.

State and federal laws protect patient confidentiality. Breaking a patient's confidentiality is a form of medical malpractice. A patient can have a cause of action against a medical provider.

A medical malpractice claim for invasion of privacy arises when both of the following apply:

• A medical provider shares a patient's private information without consent
• The sharing of information causes a patient harm

Of course, there is no breach if the patient consents to the disclosure.

Sharing Medical Information in Legal Contexts

Rules of confidentiality do not apply to:

• Disclosures to state health officials
• Court orders subpoenaing medical records

For example, discussing medical records during a medical malpractice case isn't a breach. Medical details would be directly relevant to the case. Yet, there are a few safeguards to protect patients and limit shared information.

Attorneys would ask the plaintiff to sign a HIPAA waiver. The waiver allows the doctor to discuss the facts without violating privacy rules.  The court can limit the review of records to the time frame surrounding the injuries in the lawsuit.

How Long Does Doctor-Patient Confidentiality Last?

The duty of confidentiality continues indefinitely. It still applies after a patient stops medical treatment with a doctor.

The duty even survives the death of a patient. When a patient dies, their medical records still have doctor-patient confidentiality.

When a Doctor Breaks Your Confidentiality, Call an Attorney

Your medical records say a lot about you. Medical providers cannot share them without your consent.

If a breach of confidentiality causes harm, you may have a claim. You or a family member may file a medical malpractice lawsuit. You may want to know the difference between confidentiality and privacy.

You may need to consult with a medical malpractice lawyer to understand your options. Discuss these issues with a medical malpractice attorney near you.