{"id":353156,"date":"2016-04-04T10:46:39","date_gmt":"2016-04-04T15:46:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/medical-malpractice\/breaches-of-doctor-patient-confidentiality.html"},"modified":"2024-05-29T16:13:00","modified_gmt":"2024-05-29T21:13:00","slug":"breaches-of-doctor-patient-confidentiality","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/medical-malpractice\/breaches-of-doctor-patient-confidentiality.html","title":{"rendered":"Breaches of Doctor-Patient Confidentiality"},"content":{"rendered":"\n
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Breaches of Doctor-Patient Confidentiality<\/h1>\n\n
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\n By Hanan Zaki, J.D., LL.M.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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The law protects your right to medical privacy. Doctors and staff must keep your personal data and health information confidential. If a medical provider violates their duty, you may have legal remedies with a medical malpractice lawsuit.<\/p>\n\n <\/div>\n\n\n\n

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.<\/p>\n

The law recognizes a unique relationship between doctor and patient. Doctor-patient relationships need privacy, much like attorney-client relationships.\u00a0Confidentiality<\/a>\u00a0laws and medical ethics allow for open and honest communication.<\/p>\n

Healthcare providers also have consent requirements. Consent controls whether a doctor can share patient information with a third party.<\/p>\n

This article focuses on breaches of doctor-patient confidentiality and consent. If you suffered from a breach, talk to a medical malpractice lawyer<\/a> about your legal options.\u00a0<\/p>\n

What Is Doctor-Patient Confidentiality?<\/h2>\n

Confidentiality means doctors can’t disclose patient information to others.<\/p>\n

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.<\/p>\n

The Health Insurance Portability and Accountability Act (HIPAA<\/a>)\u00a0protects a patient’s health information. This act recognizes the\u00a0need to protect private health information.<\/a>\u00a0HIPAA requires medical professionals to keep patient information\u00a0confidential<\/a>.<\/p>\n

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.<\/p>\n

Exceptions: When Can a Doctor Share My Information?<\/h3>\n

In general, a patient’s medical records are confidential. A doctor cannot give\u00a0medical information<\/a>\u00a0to third parties without the patient’s consent.<\/p>\n

Yet, there are some exceptions to this rule:<\/p>\n