Question

breach of confidentiality?

Asked 21 December 2011 · 1 answer

The question

ended up in the er today after blacking out. after being released the dr proceeded to discuss my diagnosis with the person i called to pick me up from the hospital, said person does not have any access to my medical records and my permission with not implied to discuss this. what are the legal ramifications for the dr involved

From the LawyerCentral forum archive. Originally posted 21 December 2011 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 17 September 2012

Breach of confidentiality, like all medical malpractice suits, need an injury in order for legal consequences to befall the doctor. This isn't to say that a breach of confidentiality doesn't exist when there is no injury, its that the patient won't collect money if an injury can't be shown.

By injury, I mean any type of loss. In prior cases involving breach of confidentiality, the patient may have lost their job when the doctor gave the information to an employer or their privacy and safety if the doctor gave the information to a stalker.

Also be sure that the breach doesn't meet any of the exceptions: public safety, health insurance, interest of science, freedom of speech and similar defenses. If an exception is met, then the doctor cannot be held liable even if the breach can be proven and injury did result.

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