Breaches of Doctor-Patient Confidentiality
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.
The law recognizes a unique relationship between doctor and patient. Doctor-patient relationships
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need privacy, much like attorney-client relationships. Confidentiality laws and medical ethics allow for
open and honest communication.
Healthcare providers also have consent requirements. Consent controls whether a doctor can share
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patient information with a third party.
This article focuses on breaches of doctor-patient confidentiality and consent. If a medical provider
violates their duty, you may have legal remedies.
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What Is Doctor-Patient Confidentiality?
Confidentiality means doctors can't disclose patient information to others.
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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.
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The Health Insurance Portability and Accountability Act (HIPAA) protects a patient's health
information. This act recognizes the need to protect private health information. HIPAA requires
medical professionals to keep patient information confidential.
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.
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