How does patient doctor confidentiality work

A confidential relationship between physician and patient is essential for the free flow of information necessary for sound medical care. Only in a setting of trust can a patient share the private feelings and personal history that enable the physician to comprehend fully, to diagnose logically, and to treat properly. The American Academy of Family Physicians AAFP supports full access by physicians to all electronic health information within the context of the medical home.

The AAFP believes that patient confidentiality must be protected. Though not absolute, the privilege is protected by legislative action and case law. NOTE: Nothing herein or below shall be construed as contravening the standards for health information contained in Health Insurance Portability and Accountability Act HIPAA relating to privacy, confidentiality, or security of personal health information.

The AAFP believes that state and federal legislators and jurists should seek a greater degree of standardization by recognizing the following principles regarding the privacy of medical information:. The right of access is not absolute. The privacy of adolescent minors should be respected. Confidentiality must be maintained particularly in areas where the adolescent has the legal right to give consent. However, patients and physicians must authorize release of any personally identifiable information to other parties.

Third party payer and self-insured employer policies and contracts should explicitly describe the patient information that may be released, the purpose of the information release, the party who will receive the information, and the time period limit for release.

Policies and contracts should further prohibit secondary information release without specific patient and physician authorization. Any disclosure of medical record information should be limited to information necessary to accomplish the purpose for which disclosure is made. Physicians should be particularly careful to release only necessary and pertinent information when potentially inappropriate requests e. Sensitive or privileged information may be excluded at the option of the physician unless the patient provides specific authorization for release.

Duplication of the medical record by mechanical, digital, or other methods should not be allowed without the specific approval of the physician, taking into consideration applicable law. You, as a trusting patient, have that as a right—not a privilege. In fact, most states have statutes written into law that protect doctor-patient confidentiality. A breach in doctor-patient confidentiality can be defined in a few ways.

From a legal perspective, confidentiality relates to any bit of information shared with an individual that cannot be divulged to a third party without explicit consent from the owner of the information. Doctor-patient confidentiality functions in the same way: Any details exchanged during the course of treatment must, by law, stay within the confines of doctor and patient unless the patient consents otherwise.

If by chance any information is shared by a physician to a third party without authorization from the patient, a breach in doctor-patient confidentiality may have been committed. All of the following information should be kept between patient and physician, even after the course of treatment has ended:. A breach of doctor-patient confidentiality can be considered malpractice; therefore, inappropriate disclosures of information can be grounds for a medical malpractice lawsuit.

Depending on how atrocious the disclosure was, it may be possible to recover compensatory damages for the consequences of the breach. There are some exceptions to doctor-patient confidentiality. A medical malpractice lawsuit might not do a patient any good if the physician divulges patient information in the following situations:. Chhibber asserted how the obligation is always to the client or patient first. And how does disclosure impact the larger push for seeking help, especially in mental health cases?

Always seek the guidance of your doctor or other qualified health professional for any questions you may have regarding your health or a medical condition. Home Lifestyle Health What is the confidentiality clause between a patient and doctor?

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