One of the cornerstones of any patient-doctor relationship is confidentiality. Patients’ medical records and other health information are protected by the Health Insurance Portability and Accountability Act (HIPAA). These federal laws help establish trust between patients and their healthcare practitioners, including nurses, doctors and therapists.
Under HIPAA, patients can freely discuss their medical history, lifestyle choices, concerns and private information with medical practitioners without worrying that this information would be freely discussed with others. These laws encourage open and honest communication so that medical professionals can perform thorough examinations, prescribe treatment plans and help patients resolve medical issues.
Patients who discover that their medical practitioner openly discussed their medical information could seek damages through a medical malpractice case. Here is what you should know:
How a patient confidentiality breach happens
There are several ways that patient confidentiality breaches occur. Many of these issues are caused by human error, such as misplacing medical records or sending patient data to the wrong person. In some cases, medical information may be acquired as a result of a cyberattack, phishing scams and data compromises. Healthcare professionals must take the proper steps to correct and address a patient confidentiality breach.
While patient confidentiality is crucial for patient-doctor relationships and professional licenses, there are a few exceptions to these rules. For example, a medical professional may need to discuss private information with others if a patient is a risk to their own safety or to the general public – a patient could have an infectious disease that could lead to public safety risks. Practitioners may also discuss their medical findings with other practitioners when referring a patient to another healthcare professional.
Patients could also face prejudice from employers, insurers, family and friends if a breach reveals sensitive medical information, such as a cancer or STD diagnosis.
A patient may take legal action against a healthcare practitioner or facility if they discover that their medical information was breached.
