What consequence would a doctor pay giving out private information on a patient to another patient?      My doctor gave my private information to another patient and would like to know what...

What consequence would a doctor pay giving out private information on a patient to another patient?      

My doctor gave my private information to another patient and would like to know what the law is against this?

Asked on by gryphon1

4 Answers | Add Yours

litteacher8's profile pic

litteacher8 | High School Teacher | (Level 3) Distinguished Educator

Posted on

That’s not good!  The patient whose information was given could sue. The patient should also file a complaint with the medical board. This is in no way ethical. A patient has a right to privacy, and even has legal doctor-patient confidentiality.

bullgatortail's profile pic

bullgatortail | High School Teacher | (Level 1) Distinguished Educator

Posted on

As a previous post mentioned, the doctor you mentioned committed a major HIPAA violation, which includes releasing any private information about a patient to another doctor without permission. Merely speaking offhandedly about a patient's information to a friend or acquaintance is considered a HIPAA violation.

lorrainecaplan's profile pic

Lorraine Caplan | College Teacher | (Level 1) Educator Emeritus

Posted on

There are administrative, civil, and criminal consequences for this action.  The doctor could lose his license in the state(s) in which he is licensed to practice. This would be revoked by a state administrative agency.  The doctor could also be sued for malpractice because violating confidentiality is a breach of duty.  Of course, it is difficult to say what the monetary damages would be. One must show what the harm is.  Clearly, such an act is also a HIPAA violation, which provides for fines and even imprisonment.  I have provided a link that discusses the possible consequences of violating the HIPAA statute.

But for any of these proceedings to result in any of these consequences, a case must be proven.  The testimony of a patient who believes that confidentiality has been breached is not sufficient to make a case.  Testifying that someone else told the patient about the breach would be hearsay testimony, not admissible in court.  Before proceeding in any of these directions, it is a good idea to consider what evidence might be offered in support of the claim.

gryphon1's profile pic

gryphon1 | eNotes Newbie

Posted on

I know it is against the law to give out private information to another patient. The doctor in a civil matter would be charged for malpractice. It is a major HIPAA violation.

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