How does confidentiality apply to a physician

Electronic health information communication systems must be equipped with appropriate safeguards e. Individuals with access to electronic systems should be subject to clear, explicit, mandatory policies and procedures regarding the entry, management, storage, transmission and distribution of patient and physician information. The AAFP supports the use of patient record information for primary care research, biomedical and pharmaceutical research and other health research, provided there is appropriate protection for research subjects, i.

Read More. 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: A. The right to privacy is personal and fundamental. Medical information maintained by physicians is privileged and should remain confidential. Policy exceptions which permit medical records release within applicable law: To another physician who is being consulted in connection with the treatment of the individual by the medical-care provider; In compelling circumstances affecting the health and safety of an individual; Pursuant to a court order or statute that requires the physician to report specific diagnoses to a public health authority; and Pursuant to a court order or statute that requires the release of the medical record to a law enforcement agency or other legal authority.

Adolescent Health Care, Confidentiality. Infringement on Patient Physician Relationship. Physician and Patient Relationships, Professional Responsibility. About AAFP. Board of Directors. The ability to manage our private information is linked to our ability to exercise control over our lives. Confidential information can be disclosed without consent where the public interest in the disclosure is sufficiently strong.

These can include disclosures that are essential to prevent a serious and imminent threat to public health, national security, the life of the individual or a third party, or to prevent or detect a serious crime.

Any disclosure must be both necessary: the goal cannot be achieved without it; and proportional: only as much information as is necessary to achieve the goal should be disclosed. Several interests are engaged here.

There is a strong public interest in a confidential medical service; there is also a public interest in tackling crime. We all have a personal interest in our private health information being kept confidential. These interests have to be weighed on the basis of an assessment of the facts of the individual case. As with all other requests for information, the presumption would be that confidential information should only be disclosed to the police where the patient has given explicit consent.

During your training, you will come across a wide range of fascinating case studies. Inevitably, the temptation to discuss them with fellow students and colleagues can be strong. For example, doctors in Maryland are obligated to breach confidentiality to report signs of child abuse. In other states, such as New York, hospitals are legally obligated to report gunshot victims. In addition to state law exemptions, sometimes patients may give consent to sharing confidential information without even realizing it.

May doctors require new patients to sign agreements that give them consent to share patient information. These waiver forms are usually limited in scope, however, and only allow doctors to disclose patient information when necessary and reasonable.

The rules of doctor-patient confidentiality change drastically when you file a medical malpractice lawsuit. Medical malpractice lawyers in Maryland run into this issue all the time. In many states adolescents may seek treatment without the permission of their parents for certain conditions, such as treatment for pregnancy, sexually transmitted infections, mental health concerns, and substance abuse. Familiarize yourself with state and local laws, as well as institutional policies, regarding adolescents and healthcare.

Your year-old patient has just tested positive for HIV. He asks that you not inform his wife of the results and claims he is not ready to tell her yet. Because the patient's wife is at serious risk for being infected with HIV, you have a duty to ensure thatshe knows of the risk. While public health law requires reporting both your patient and any known sexual partners to local health officers, it is generally advisable to encourage the patient to share this information with his wife on his own, giving him a bit more time if necessary.

A year-old woman shows signs of abuse that appears to be inflicted by her husband. As he is her primary caregiver, she feels dependent on him and pleads with you not to say anything to him about it. In this case, the doctor may feel conflicted. A vulnerable elderly woman needs protection and may be fearful of her abusive husband.

It should also be noted that anyone who suspects elder abuse is required to report it - neighbors, social workers, family members, etc. Whenever the safety of an individual is at stake, confidentiality may be breeched and there are usually specific agencies public health, Child Protective Services, Adult Protective Services designated for reporting. Skip to main content. Search form. What does the duty of confidentiality require? What if a family member asks how the patient is doing?

What other kinds of disclosures are inappropriate? When can confidentiality be breached? A Test for Breach of Confidentiality What are the confidentiality standards regarding adolescents?

Overriding concerns can lead to the need to breach confidentiality in certain circumstances. Exception 1 : Concern for the safety of other specific persons Access to medical information and records by third parties is legally restricted. A Test for Breach of Confidentiality In situations where you believe an ethical or legal exception to confidentiality exists, ask yourself the following question: will lack of this specific patient information put another person or group you can identify at high risk of serious harm?

What are the confidentiality standards regarding adolescents? Additional Readings: Confidentiality. Caring for adolescent family members of physician colleagues.