Question: Cases Where Doctor Did Not Disclose Disease To A Patient But To A Family Member?

Can a doctor discuss a patient with a family member?

Answer: Yes. The HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient’s care or payment for health care.

Are doctors allowed to withhold information from patients?

Withholding medical information from patients without their knowledge or consent is ethically unacceptable. Physicians should encourage patients to specify their preferences regarding communication of their medical information, preferably before the information becomes available.

What are the exceptions to doctor patient confidentiality?

He or she cannot divulge any medical information about the patient to third persons without the patient’s consent, though there are some exceptions (e.g. issues relating to health insurance, if confidential information is at issue in a lawsuit, or if a patient or client plans to cause immediate harm to others).

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When can doctors breach 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.

Can hospitals confirm if someone is a patient?

Under the Health Insurance Portability and Accountability Act, or HIPAA, hospitals are permitted to tell you if someone is a patient at the facility if you ask for that person by name, unless the patient instructs the hospital not to reveal this information.

Can I speak to a doctor on behalf of someone else?

You could talk to your friend or relative directly if you wish to discuss their condition or treatment. Tell them about your concerns about their health, and offer help and support. Sometimes it can be difficult for someone to see or admit they have a health problem – for example, if they have a drink or drug problem.

Do doctors ever lie to patients?

Research shows that it happens rather often. Eleven percent of 1,800-plus physicians recently surveyed by Massachusetts General Hospital admitted to having lied to a patient in the preceding year, and 55 percent said they’d described a prognosis to a patient in a more positive light than was medically accurate.

Why do doctors withhold information from patients?

If disclosure of certain information is deemed harmful to patients, the doctor may be justified in withholding such information. This enables doctors to uphold rather than violate the ethical principles of beneficence and nonmaleficence.

Can doctors tell if your lying?

According to the WSJ, many doctors look for signs of lying, such as avoiding eye contact, frequent pauses in the converstion, unusual voice inflections and other signs of anxiety.

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What happens if doctor patient confidentiality is broken?

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.

What is the most common breach of confidentiality?

The most common ways businesses break HIPAA and confidentiality laws. The most common patient confidentiality breaches fall into two categories: employee mistakes and unsecured access to PHI.

What is the doctor patient confidentiality law called?

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.

What is not fully disclosing information to the patient an ethical breach?

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.

When can you disclose information without consent?

There are a few scenarios where you can disclose PHI without patient consent: coroner’s investigations, court litigation, reporting communicable diseases to a public health department, and reporting gunshot and knife wounds.

What is an example of breach of confidentiality?

An example of a breach of confidentiality could be if a freelancer works for a number of clients in the same industry and accidentally emails confidential business information to the wrong client. Another example is if there is sensitive information on a laptop and the laptop is stolen.

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