Fiduciary Duty of Doctor and Patient

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What Is a Fiduciary Duty?

A fiduciary duty is a legal relationship between at least two parties. The "fiduciary" is the party the duty is imposed on. The "principal" is the party that is owed the duty.  

What Are the Different Fiduciary Duties?

Is Confidentiality a Fiduciary Duty?

Yes. Doctor-patient confidentiality is a very important fiduciary duty. This is to encourage disclosure to the doctor of facts which may help in diagnosis or treatment but which may be embarrassing or harmful to the patient if released to others. 

This fiduciary duty includes a duty not to disclose any medical information received in connection with treatment. If medical information is disclosed without the client's prior approval (usually in the form of a waiver), the client may bring a lawsuit against the doctor for breaching their duty of loyalty.  

Do I Need to Consult an Attorney about Fiduciary Duties?

Whether a doctor improperly disclosed confidential information about a client, thereby breaching their fiduciary duty, is not always clear. An personal injury lawyer can help determine if you are entitled to recover for wrongful disclosure of your confidential medical information.

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Last Modified: 10-19-2016 10:32 AM PDT

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