A breach of doctor-patient confidentiality is a type of medical malpractice. Doctors owe patients a duty of confidentiality in which a patient can trust that his or her doctor will not disclose his or her personal information, including medical records and other medical information, without the patient’s consent. If the doctor discloses the patient’s medical information without the patient’s consent – even if the information is disclosed to the patient’s family members – the doctor may be liable for medical malpractice.
What Type of Information Does Doctor-Patient Confidentiality Protect?
The doctor-patient confidentiality protection applies not only to doctors that are treating the patient, but also to nurses and other medical professionals treating the patient and to doctors that treated the patient in the past but are not currently treating the patient. The confidentiality protection extends to all medical records, medical information and communications between the patient and doctor and medical staff, including medical records, information and communications that are stored electronically.
The doctor-patient confidentiality protection does not extend to medical records and information sought pursuant to a valid subpoena or disclosed to certain authorized parties, such as state health officials or insurance companies. The doctor-patient confidentiality protection may also not apply in situations of suspected child abuse.
What Should You Do If You Suspect a Breach of Doctor-Patient Confidentiality?
If you suspect that your doctor or medical staff has committed a breach of the doctor-patient confidentiality protection, you should promptly consult with an experienced Illinois medical malpractice attorney. The skilled Chicago medical malpractice attorneys at Ankin Law Offices have considerable experienced with all types of medical malpractice claims, including those resulting from a breach of doctor-patient confidentiality, and we can help you understand your legal rights and remedies.
As knowledgeable Chicago medical malpractice attorneys, we are familiar with the legal obligations imposed by the doctor-patient confidentiality and can advocate on your behalf in order to protect your legal rights. We have represented clients in a variety of medical malpractice lawsuits, including obstetrical negligence, medication errors, diagnostic errors, cosmetic surgery malpractice and emergency room malpractice, and we will diligently work to pursue your medical malpractice claim so that you can get the compensation that you need and deserve. If you suspect that your medical information has been disclosed in violation of the doctor-patient confidentiality protection, contact one of our Chicago medical malpractice attorneys to schedule a free consultation to discuss a possible medical malpractice claim.
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