Doctor-Patient Confidentiality and Your Rights

Patients have rights over their health information, including who can see their medical records. Medical professionals generally have a duty of confidentiality regarding patient information. Doctors are limited in sharing medical information about patients. A doctor breaking doctor-patient confidentiality can damage the public’s trust in health care professionals.

A breach of doctor-patient confidentiality could be a federal or state law violation. You may be able to recover damages if this happens to you. If you have questions about your legal rights after a health care provider shares your medical information or violates your privacy, talk to a medical malpractice lawyer for legal advice.

Doctor-Patient Confidentiality

Doctor-patient confidentiality is a part of medical ethics. It has a long history. Patients have a strong interest in health care privacy, whether it’s a mental health issue, medical treatment, or a personal injury.

The doctor-patient relationship involves doctors upholding their ethical duty to not share private information about their patients, including the following:

• Sensitive information about their personal life
• Medical history
• Drug use
• Medical conditions

Patient privacy and confidentiality are more than an ethical duty or a common-law requirement. State and federal jurisdictions have medical privacy laws to protect personal patient information.

Proper medical care requires openness between you and your medical provider. Understanding your medical history is necessary for your treatment and medical care. You may only be encouraged to share private information with a doctor because it can be essential for medical diagnosis and treatment.

Doctor-Patient Confidentiality Is a Continuing Obligation

A doctor’s duty of confidentiality begins as soon as you and your doctor establish a professional relationship. The doctor is under a continuing duty of doctor-patient confidentiality. If you no longer see the doctor, the doctor must still keep your information private.

Legal Recourse for Breaking Doctor-Patient Confidentiality

Medical confidentiality is generally protected under federal law, but each state also has rules and regulations for doctor-patient confidentiality. If your care provider breaches your confidentiality, shares your medical information, or fails to protect your privacy, it could be considered medical malpractice. This allows you to recover damages. A medical malpractice law firm in your state can help you understand your legal rights.

For example, in New York, unless a patient waives the privilege, a health care professional medicine cannot disclose any patient information they acquire.

Importance of Maintaining Confidentiality

You should feel confident knowing your medical information is protected. It should only be disclosed to family members or others who you authorize.

You may be concerned about the disclosure and confidentiality of your sexual history, drug use, and substance abuse. Additional privacy laws cover medical services involving drug or alcohol treatment. For example, California law applies to medical record privacy involving drug and alcohol treatment. This law seeks to safeguard your privacy on drug and alcohol treatment.

Circumstances for Lawfully Breaking Confidentiality

A doctor can break doctor-patient confidentiality in limited situations. This includes if you are a danger to yourself or others or when your medical care is at issue in a legal case.

Risk of Injury to the Patient or Others

A doctor may have a duty to report specific issues to law enforcement if you are at risk of injuring yourself or others. They may be required to share your health information in the following circumstances:

• A crime has occurred
• A public health matter
• Domestic violence has occurred
• Child abuse or neglect has occurred

Court Litigation Involving the Doctor and Patient

When medical care becomes an issue in a legal case, a doctor may provide information about your care. For example, if you file for medical malpractice against a doctor, the doctor could testify about your medical care because it’s at issue in the lawsuit. The health care provider must release the records if there’s a court order.

Sharing Medical Information for Medical Care

In some cases, there’s a medical purpose for sharing your medical information. Sharing your medical history and records is a routine part of health care when more than one health care provider is involved in your care. You have to give authorization or consent.

HIPAA Protects Health Information

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that provides privacy protection for patients’ health information and medical records. Health care providers are generally prohibited from sharing your patient information without your consent. The HIPAA Privacy Rule limits the use and disclosure of Protected Health Information (PHI) for covered entities. There are limited exceptions for disclosure when required by law.

Get Legal Help if Your Doctor Breaches Patient Confidentiality

If your doctor breaches doctor-patient confidentiality, you may have a claim against the careless doctor. Sharing private medical information could be considered a HIPAA violation. In some cases, breaching confidentiality could also be considered medical malpractice, allowing you to recover damages. A medical malpractice attorney can help explain your legal options if a doctor breaches patient confidentiality.