ALL >> Legal >> View Article
Medical Malpractice And Patient Confidentiality
Breaking a patient – physician confidentiality is one type of medical malpractice and can be grounds for a medical malpractice lawsuit filed by a personal injury lawyer who specializes in medical malpractice cases, otherwise known as a “medical malpractice attorney”.
Those seeking medical care or advice implicitly trust that their personal information will be kept safe from disclosure to unauthorized parties. Every patient has a right to feel safe in that trust, and can suffer in several ways if the confidentiality is broken.
Protection of patient confidentiality involves more than one might initially imagine. For example:
All contents of the patient’s record should be considered confidential and therefore “protected”. This includes information the patient has provided (such as health history forms), the providers’ examination notes, telephone messages, notes or letters written to the doctor, labs, prescriptions, and diagnostic tests.
Doctor-patient confidentiality still applies even if the patient ...
... permanently stops going to that particular office or facility, or is no longer considered an active patient.
Sensitive patient information should be kept safe from persons both within and outside the facility or office.
There are some exceptions to the rule of confidentiality whereby the patient’s permission is not required for release of their records. In general, the following situations would not give cause to a medical malpractice lawsuit for breach of confidentiality:
Data regarding certain communicable diseases, bacteria, or viruses must be reported to State Health Officers such as the Center for Communicable Diseases or The World Health Organization
Cases of child abuse, spousal abuse, or elder abuse
In order to authorize payment for claims, insurance companies always need at least a diagnosis. Supporting data such as diagnostic tests, lab results and more may need to be supplied as well
A medical malpractice attorney will issue a subpoena for records to the medical professional who is being charged with malpractice.
It is the health-care provider’s duty to create and maintain a trustworthy relationship with the patient. When that trust is broken, they can and should be held accountable for the serious negative consequences experienced by a patient. If you have suffered due to the inappropriate disclosure of your medical information, a medical malpractice attorney can advise you of your legal rights and options you may wish to take.
R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.
Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.
Add Comment
Legal Articles
1. Legal Remedies For Cyber Crime: Advocate Deepak’s ExpertiseAuthor: Advocate Deepak
2. Reasons For Hiring A Drunk Driving Accident Attorney Near Minnesota
Author: sussmanlaw
3. How A Commercial Lease Solicitor Can Streamline Property Agreements For Businesses
Author: Rainer Hughes
4. A Quick Guide To Getting Your Uae Pcc From The United Kingdom
Author: jodonjo
5. Why The Smartmove2uk Is The Perfect Partner For Your Uk Spouse Visa Journey
Author: SmartMove2UK
6. Who Can Apply For A Uk Spouse Visa?
Author: The SmartMove2UK
7. Opc Registration Process In India
Author: Harish
8. Start-up India Scheme Shaping Entrepreneurial Aspirations Among Students In True Sense
Author: Dev kumar
9. What Is The Standard Uk Spouse Visa Processing Time?
Author: SmartMove2UK
10. Can You Get In Legal Trouble For Cyberbullying? Advocate Deepak Explains
Author: Advocate Deepak
11. How Much Does A Uk Spouse Visa Cost?
Author: The SmartMove2UK
12. Guide To Background Checks In Edmonton
Author: Hardik Shah
13. What Are The Requirements For The Uk Spouse Visa?
Author: SmartMove2UK
14. Simplify Your Attestation Services In Qatar With Helpline Group
Author: Helpline Group
15. What Happens If Your Uk Spouse Visa Application Is Refused?
Author: The SmartMove2UK