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Medical Malpractice- Confidentiality Breach
Medical providers have a duty to their patients to keep medical records, discussions, and related items confidential. Breaking this rule constitutes a breach of confidentiality that may warrant legal action.
General Expectations
Patients generally expect that physicians, hospital staff, and others involved in their medical care will abide by the rules of patient confidentiality. But there are times when this does not hold true. Recent news headlines have provided examples of how this type of contract can easily become breached. Reports about one California medical center revealed allegations of hospital staff gaining access to the medical records of a celebrity for unauthorized purposes. This type of occurrence can serve as grounds for a valid course of action against the parties involved.
Doctor/patient confidentiality encompasses medical records, communications, and revelations provided by patients, as well as doctor opinions or assessments. It also extends to other members of a medical staff involved in treating a patient. Attorneys who specialize in assisting clients whose doctor/patient privilege has been breached can help determine whether they have a valid cause of action, and decide on the necessary steps to take to pursue a claim.
Seeking Compensation
In seeking compensation for breach of confidentiality, an injured party must prove that the breach contributed to damages or harm. Some cases may not be considered harmful enough to constitute monetary damages. For example, if a nurse gets caught peeking into the files of a celebrity, but does not disclose the information to anyone, the patient may not deserve damages under the law, even if the hospital chooses to take disciplinary against the nurse. If, however, the nurse sold the medical records to a news outlet that later publicized them, the patient may be able to sue for compensation. Lawyers with experience practicing similar cases can assist patients who feel they have been harmed by a confidentiality breach.
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