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Medical Malpractice For Breach Of Confidentiality

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Medical Malpractice

The relationship between a doctor and their patient may involve sensitive information.

Every patient has a right to confidentiality. It’s illegal for any medical doctor or any other healthcare providers to disclose patient information without their consent. However, this may be allowed in certain circumstances.

Often, some patients don’t disclose their confidential information with the fear that this may be displayed on the treatment chart.

If you or your loved one medical information has been disclosed without consent, you may have a medical malpractice claim.

 Breach Of Confidentiality  

Certain relationships call for sensitive information to be confidential. Confidentiality serves as a way to facilitate these relationships to preserve each party’s best interest. There are many types of relationship that calls for confidentiality such as attorney-client relationship or the doctor-patient relationship.

Since confidentiality rules differ by state, it’s better to seek help from Wasilla Ak attorneys and law firms to understand the circumstances of your case.




The main importance of doctor-patient confidentiality is to allow the patient to give all information to assist in their medical diagnosis, treatment, etc.

Thus, it’s deemed that:

  • All communications are a privilege only when they occur during the course of the professional relationship.
  • The doctor has no right to disclose such communications without the patient’s consent. Meaning, the patient is the one to decide whether their medical information is to be disclosed.
  • Once a doctor agrees to treat a patient, there is that expectation that the doctor will hold any information provided by the patient with special care. Such information is to be used for the benefits of such a patient wholly. But it doesn’t always happen. Some doctors don’t adhere to such, and this leads to lawsuits.

Though every patient has a right to have their information kept confidential, situations arise when there must be a balance on the duties being provided.  A doctor may offer knowledge to help the patient make the right decision to keep their information confidential. This is especially when this is to serve the patient’s interests. Thus, a doctor should make the patient understand that:

  • The law requires disclosure: This is conducted to protect the patient and promote their health especially when such a patient has an infectious disease. Note that the law allows public or private bodies to get medical records for legitimate reasons. Again, anyone who acts on behalf of a patient can have access to such information. The laws state that such request may be denied where it’s proven to cause physical or mental harm to the well-being of a patient.
  • The disclosed information is relevant upon request, and that this was disclosed according to the law.

When a doctor discloses information without considering the above, this may amount to legal recourse.

Any patient who has the capacity knows when to allow their information to be disclosed. Such a patient has to sign a release of their medical records.

One major area of contention in breach of confidentiality is when a third party is present during such communications. The information can be provided to the third party who is a family member or a relative to the patient. As such, the rules of the disclosure will apply to both the third party and the doctor.

Where death is involved, the information is only to be disclosed to a third party. This again should be with the consent of the patient’s next of kin. However, there are exceptions to this rule, such as when an inquest is required.

The patient has to offer consent even when such information is need for research or study.

It may not be possible to cover all details concerning breach of confidentiality. If you have a case, it is better to speak to an experienced lawyer.

 

 Filing A Claim For Breach Of Confidentiality

If your doctor has disclosed your personal information and this was neither required by the law nor practical to do so, you may file a medical malpractice claim against such a doctor.

You can recover damages such as:

  • Emotional distress.
  • Punitive damages where the disclosure is considered egregious. According to Nolo, an example of such an act would be when one does an abortion and the doctor contacts the patient’s parents, and such information was deemed confidential.

Just like punitive damages. The state medical boards may also sanction any doctor who violated confidentiality rules. This is to deter any occurrence of such acts in the future.

If you or your loved one confidential information has been disclosed illegally, you must act quickly to file a medical malpractice claim. You should adhere to the set time limit to ensure you’re not barred from compensation.

Where you may have questions on the validity of your claim, a medical malpractice lawyer is better positioned to answer your questions during your free case review.

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