In most cases, the physician does not have the right to disclose patient information; this is a right reserved for the patient. If the patient files a medical malpractice lawsuit and the case proceeds to court, the patient will be able to assert his or her privilege if the physician begins to reveal privileged information. The patient’s medical malpractice attorney must object to the information being disclosed. If the patient or his or her attorney does not object, the privilege is waived. When filing a medical malpractice lawsuit, patients typically waive the doctor-patient privilege because the disclosure of information implies that the patient’s health was jeopardized while under the care of the physician. A patient may waive their right to confidentiality if they file a personal injury claim. When an alleged breach is the subject of a lawsuit, there is an implied consent to proceed. Furthermore, if a family member or friend attends the patient’s appointment, they may be required to provide relevant information during testimony.
Although it is unlikely that a patient’s healthcare professional will be able to share any of their medical information with a third party without their consent, some exceptions would allow the physician to disclose patient information, including the following:
Most states do not require physicians to report patients who abuse drugs or alcohol. According to the Center for Ethics Education at Fordham University, if there is no mandatory reporting requirement, patients may be more likely to disclose a substance abuse problem to their healthcare professionals. The doctor can then refer the patient to an addiction specialist psychologist. If the patient is experiencing severe withdrawal symptoms or is severely intoxicated and requires medical attention, the physician may seek assistance from another medical professional without obtaining the patient’s consent.
There are times when a doctor may inadvertently disclose patient information without intending to. A physician, for example, may discuss case details with another healthcare provider. However, if this conversation occurs in a hallway or on an elevator where other people can easily hear it, it may be considered an inadvertent breach. When a physician wants to discuss the details of a case with a colleague, they should always do so in a private setting.
Patients who wish to file a medical malpractice lawsuit against their healthcare provider should consult with an experienced medical malpractice lawyer. This will assist the patient in avoiding common errors and obtaining all necessary information for a successful claim. A skilled medical malpractice lawyer will assist clients with the following when pursuing a medical malpractice lawsuit:
Damages are limited. In a medical malpractice lawsuit, the amount of damages a patient can receive for pain and suffering is limited in comparison to what an injury victim can receive in a personal injury case. A patient can recover two types of damages in a medical malpractice case, including the following:
Economic damages are costs that can be calculated precisely, such as:
Non-economic losses: These expenses cover a patient’s reduced quality of life and can include:
Punitive damages are awarded to punish healthcare professionals who have made egregious errors. For example, if a physician purposefully shared a patient’s private medical information without permission, the patient may seek punitive damages.
If your doctor violated the doctor-patient confidentiality agreement, contact the highly skilled medical malpractice lawyers at DeFrancisco & Falgiatano right away. This is a violation of your rights, and the negligent party will be held liable for any injuries or emotional distress. Our top priority is to protect your rights, and we will not stop fighting for you until you are completely satisfied. At DeFrancisco & Falgiatano, we represent injured clients and their families throughout Upstate New York, including Syracuse, Rochester, Albany, Buffalo, Elmira, Binghamton, Auburn, Ithaca, Oswego, Norwich, Herkimer, Delhi, Cooperstown, Cortland, Lowville, Oneida, Watertown, Utica, Canandaigua, Wampsville, Lyons, and surrounding areas. Please call us at 833-200-2000 or contact us via our online form to discuss your case.