Chicago Medical Malpractice Attorneys

In Chicago breaches of doctor-patient confidentiality can have devastating results. If your physician fails to protect your personal or medical information, you may experience embarrassment, discrimination and many other adverse effects. That is why, as with surgical errors, anesthesia errors, medication errors, birth injuries, failure to diagnose medical problems and unnecessary or unauthorized medical procedures, breaching the confidentiality of a patient’s records is considered a form of medical malpractice that is punishable by law.

Northbrook Malpractice Lawyers

Doctor-patient confidentiality laws ensure that patients can seek needed medical treatment without fear of their sensitive personal information becoming public. If a physician violates the duty of confidentiality, he or she may be held liable for any harm that a patient experiences as a result of the breach.

Patient physician privilege protects any information that you disclose to your doctor. All of your medical records and all communication between you and your doctor are also protected. However, there are a few circumstances in which your medical information can be released without any breaches of doctor-patient confidentiality occurring. The following situations are common examples:

  • You make a health insurance claim. Health insurance providers typically require a diagnosis and supporting medical records before they will authorize payment for a claim.
  • You file a medical malpractice lawsuit. Your medical malpractice attorneys may have a subpoena issued to obtain your medical records.
  • You contract a communicable disease, virus or bacteria. Medical professionals must report certain communicable diseases to relevant authorities, such as the Centers for Disease Control.
  • Your doctor suspects spousal or elder abuse. Your doctor must report possible incidents involving abuse or gunshot wounds to the relevant authorities.

Outside of these situations, your physician’s duty to keep your personal and medical information confidential is absolute. The duty exists even if you stop requiring treatment or seeing your physician. Patient physician privilege endures even in the event of your death.

Review Your Rights

If you believe that your physician has violated the duty of doctor-patient confidentiality, contact the malpractice lawyers at Cary J. Wintroub & Associates. Our attorneys are here to help you understand the relevant laws and determine whether you have grounds for a malpractice claim. To schedule your free consultation, contact our law office today at 312-726-1021.

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