What are the exceptions to the physician/patient privilege?
Exceptions to Doctor-Patient Confidentiality A physician or other medical personnel is treating injuries that could prompt a criminal investigation (gunshot wounds, suspected child abuse, intoxication-related car accident injuries, etc.) The patient is a danger to themselves or others.
What is the doctor-patient confidentiality law called?
Physician-patient privilege–also called doctor-patient privilege–is a protection that ensures the privacy and confidentiality of communications between a medical professional and their patient.
What happens if you break doctor/patient confidentiality?
If a doctor breaches the confidential relationship by disclosing protected information, the patient may be entitled to bring a lawsuit against the doctor. The patient may be able to recover compensatory damages, including emotional suffering and damage to reputation resulting from the disclosure.
Which federal regulation defines the physician/patient privilege?
Nevertheless, the concept is generally protected by other federal laws, such as the Health Insurance Portability and Accountability Act (HIPAA) which prevents most disclosures about a patient’s health. At the state level, the extent of the physician-patient privilege varies from one jurisdiction to another.
When can doctors break confidentiality?
Doctors can breach confidentiality only when their duty to society overrides their duty to individual patients and it is deemed to be in the public interest.
Are doctors sworn to secrecy?
Doctor’s oath to secrecy is in the basics of patient’s trust to doctor, which is a prerequisite of successful medical treatment.
Who can invoke doctor privilege?
The physician may be considered to be acting in his professional capacity when he attends to the patient for curative, preventive, or palliative treatment. Thus, only disclosures which would have been made to the physician to enable him “safely and efficaciously to treat his patient” are covered by the privilege.
Is there such thing as doctor/patient confidentiality?
Physician–patient privilege is a legal concept, related to medical confidentiality, that protects communications between a patient and their doctor from being used against the patient in court. It is a part of the rules of evidence in many common law jurisdictions.
Can doctors breach patient confidentiality?
Can a doctor withhold information from a patient?
Except in emergency situations in which a patient is incapable of making an informed decision, withholding information without the patient’s knowledge or consent is ethically unacceptable.
What is doctor–patient privilege?
Doctor–Patient Privilege is a legal privilege, arising from a doctor’s obligation of confidentiality. It refers to the right to exclude from discovery and evidence in a legal proceeding any confidential communication that a patient makes to a physician for the purpose of diagnosis or treatment, unless the patient consents to the disclosure.
When can a Doctor break a patient’s privilege?
If a patient’s actions would cause harm to others, the doctor may be compelled to break the privilege. The most common occurrence of this exception is when a patient has HIV or another sexually transmitted disease and wishes to have unprotected sex with partners who have no knowledge of the patient’s condition.
Who can waive the patient’s privilege?
The patient holds the privilege – which means that the patient is the only one who can waive it – but in a legal proceeding either the doctor or the patient may assert it.
What is the legal duty of a doctor to a patient?
That is a common law duty, now also codified into state statutes, the Public Health Law and HIPAA, to generally maintain the patient’s privacy. The doctor-patient privilege is limited to legal proceedings.