Doctor Patient Privilege Lawyers
What is a Doctor-Patient Privilege?
A doctor-patient privilege ensures that as a patient, your medical history, conditions, and related information cannot be divulged without your permission. Patients should be able to tell their doctors private and sensitive information knowing that it will not be made public. Even a doctor¿s observations and opinions are covered by the doctor-patient privilege.
Are There Any Exceptions to This Privilege?
Despite the need to preserve the confidentiality of medical information, there are many instances where the doctor-patient privilege does not apply. Here are some examples:
- Health insurance: Health insurance providers can get medical information without asking your consent if it is for billing purposes. An insurer needs to know what condition you have to determine if they will cover it. However, the insurance company generally cannot forward this information to others without your express consent.
- Health care workers: sometimes releasing your information is necessary in order to provide the proper care. An example would be if you got into a car accident and lost conscious; the hospital you went to would need to obtain your medical information to provide proper care.
- Lawsuits: If medical conditions are at issue in a lawsuit, medical records may be released to resolve the lawsuit. For example, if you were suing for worker¿s compensation because your employer refuses to pay, your medical information will likely be admitted into evidence.
- Criminal liability: this pertains mostly to psychiatric care. If a patient tells the psychiatrist about having committed a crime or that they are thinking about committing one, the psychiatrist may be compelled to report it to the authorities. Psychiatrists will not always report it because they want the patient to express everything freely.
What Can I Do if My Doctor Violates the Doctor-Patient Privilege?
If you believe that your doctor has violated the privilege, contact an experienced medical malpractice attorney. A medical malpractice attorney can tell you more about your rights, defenses, and the complicated legal system.
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Last Modified: 12-01-2010 02:32 PM PST
