Some relationships, like that between a
lawyer and his client or that between a psychotherapist and his patient,
require that either one or both parties involved maintain confidentiality.
Legally, it is mandated in such
relationships that either one or both parties first acquire the consent of the
other party before disclosing any information to a third party. Any breach of
confidentiality can cause serious consequences whether it is a malpractice,
hospital neglect, or nursing home abuse case.
Another prime example of one such relationship
would be that between a patient and his/her doctor (not in all cases).
The reason confidentiality is encouraged
and required in these relationships is because not only does it protect
sensitive and personal information of the people involved such as their medical
condition, mental condition, personal thoughts/feelings, and their finances but
it also allows for free, uninhibited communication between the two parties,
which is essential in such cases. This is from hospital neglect and medical
malpractice lawyers in San Joaquin, CA.
Since confidentiality in such
relationships is something that is governed by law, it is crucial to know what
exactly constitutes a breach of confidentiality and what doesn’t. It is also
wise to be aware of what legal actions you can pursue when there has been such
a breach.
If you are a patient in such a situation
then we suggest that you waste no time in consulting a medical malpractice
attorney in California. There will surely be ways in which you can salvage what
has happened and sue the doctor and/or the hospital too and receive
compensation for your damages even if these damages are
non-quantifiable, non-economic damages such as mental anguish. If you want to
see mental anguish, just look at the faces of the nurses and doctors in the
prolific medical show ER when Dr. Greene passes away. You do not want to go through
that.
To understand what you can do if
doctor-patient confidentiality has been breached, it is imperative that you
understand what exactly doctor-patient confidentiality is.
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Doctor-patient Confidentiality
San Joaquin medical malpractice lawyers
proclaim the whole concept of doctor-patient confidentiality is premised around
the idea that a patient should not be discouraged from seeking medical care
because he or she fears that their personal/medical information may be
disclosed to others or may be made public.
This is also paramount because it
propagates full disclosure which in turn leads to accurate diagnosis and much
higher standards of medical care on the whole. However, there are certain
things that a doctor or any other medical professional may reveal to a third
party without being legally penalized. This information can include but is not
limited to things such as issues relating to health insurance, information of
litigation, if the patient/client is conspiring to cause others harm.
What is covered under doctor-patient
confidentiality?
Not only are doctors required to not to reveal
information to a third party during when the patient in question is under their
care but even after treatment is complete and the patient is no longer admitted
in the hospital or is longer under their care. Of course, what has been said
and done behind closed doors remains private for years, forever. There is not
any statute of limitations on doctor-patient confidentiality even Dr. House
knows that and he ran his mouth off more than most people.
If you are a victim of medical malpractice or hospital neglect
or suspect that a doctor or some other healthcare professional may have
revealed sensitive information about you to a third party, it would be wise to
consult California medical malpractice lawyer as soon as possible and get
started working on a possible claim.
