When you visit a doctor, you expect your personal medical information to remain private. Unfortunately, healthcare providers sometimes share or expose patient information without permission.
A breach of doctor-patient confidentiality can happen when medical records are sent to the wrong person, a hospital fails to protect patient information, or a healthcare worker shares private details without authorization.
These violations can cause emotional distress, embarrassment, and financial harm. California law generally prohibits healthcare providers from disclosing private medical information without patient authorization unless a legal exception applies. Patients may have legal options when their confidentiality rights are violated.
What Is Doctor-Patient Confidentiality?
Doctor-patient confidentiality is the legal and professional obligation to protect information obtained through a patient’s medical care.
The confidentiality requirement helps ensure that patients can communicate openly with healthcare professionals without fear that their private information will be unnecessarily disclosed.
The duty of confidentiality applies to more than conversations between a doctor and patient. It extends to medical records, diagnostic results, billing information, and other identifiable health information.
What Qualifies as a Breach of Doctor-Patient Confidentiality?
A breach of doctor-patient confidentiality occurs when protected medical information is improperly accessed, disclosed, or released. That disclosure may violate a patient’s confidentiality rights.
Breaches can occur through intentional misconduct, careless mistakes, or inadequate information security practices.
Common examples include:
- Sharing a patient’s diagnosis with an unauthorized person
- Sending medical records to the wrong person
- Allowing unauthorized employees to access patient files
- Disclosing sensitive medical information to an employer without a lawful basis
- Improperly discussing patient information in public
- Failing to protect electronic medical records
- Improperly disposing of documents containing patient information
- Accessing medical records for personal reasons
Not every disclosure of medical information violates the law. Providers may share information when the patient authorizes the disclosure. The key question, however, is whether the information was accessed, used, or disclosed in violation of the law.
Who Is Liable for a Breach?
When confidential medical information is improperly disclosed, more than one person or organization may have liability.
The responsible parties depend on who controlled the information, how the breach occurred, and which legal duties applied.
Potentially responsible parties include:
- Doctors and other healthcare professionals
- Hospitals and medical facilities
- Healthcare service plans
- Contractors and other third parties
Liability is not automatic simply because a person or company had access to the records. An attorney must identify the legal duties and determine whether the conduct violated those requirements.
How to Prove a Breach
Proving a violation requires establishing that the information was improperly accessed, used, or disclosed. You will need strong evidence to prove your case.
With proper evidence, you will need to follow these steps:
- Prove that the information was protected
- Show the defendant had a duty to protect the information
- Establish the disclosure or release occurred
- Prove resulting damages
An attorney can determine which legal remedies apply and what evidence will be necessary.
What Evidence Is Helpful?
Medical privacy cases can be complex.
Useful evidence may include:
- Medical records and disclosure histories
- Emails and written communications
- Electronic access logs
- Data breach notifications
- Witness statements
- Internal investigation reports
- Documentation of financial losses
An attorney can seek relevant evidence from the healthcare provider and other parties.
What Damages Can You Recover?
If your private medical information was shared without permission, you may be entitled to compensation. The damages available depend on the circumstances of the breach and the harm you suffered.
Depending on your case, you may be able to recover economic and non-economic damages, including:
- Medical expenses: Costs of counseling, therapy, or other treatment related to the breach.
- Lost wages: Income lost because of the violation and its consequences.
- Financial losses: Expenses resulting from identity theft, fraud, or misuse of your medical information.
- Emotional distress: Anxiety, stress, or psychological suffering caused by the disclosure.
- Embarrassment and humiliation: Personal harm caused by the exposure of sensitive medical information.
- Loss of privacy: Harm resulting from the unauthorized disclosure of confidential medical details.
An attorney can review your case and help determine which types of compensation you may be entitled to recover.
Contact Robles Babaee, Personal Injury Lawyers for a Free Consultation With a Trusted Lawyer
You place considerable trust in your healthcare providers. When that trust is violated, the consequences can be considerable. An improper disclosure may cause emotional distress, financial losses, and serious harm.
If you have suffered harm because of a breach of doctor-patient confidentiality in California, you deserve answers. Contact Robles Babaee, Personal Injury Lawyers for a free consultation. Our firm can help you understand your rights, investigate what happened, and determine whether someone can be held legally responsible for any damages your child suffered.
We serve Cobb County. Visit our office located in Santa Ana, California.
Robles Babaee, Personal Injury Lawyers
1851 E 1st St, Suite 810, Santa Ana, CA 92705
(714) 263-3700