Patient confidentiality extends far beyond the confines of a hospital. The issue of patient confidentiality usually only becomes an issue when it becomes present in a legal case, as most of the examples provided have been. Below are some of the arguments and counterarguments in regards to patient confidentiality that can be argued in a legal setting. In a legal setting, patient confidentiality becomes physician-patient privilege. These are the hypothetical arguments and counterarguments of the issues presented.
Prosecution - A patient can argue a number of legal breaches in the state of California, some of which are, but not limited to:
Breach of Confidentiality:
This claim is the claim that the physician broke a contract, and should be punished as per the contract law. It is the idea that the patient paid not only for treatment, but also for privacy, and by breaking confidentiality the patient is not getting what he or she paid for.
Invasion of Privacy:
This is the claim argued in the Guthrie Clinic case, where the nurse viewed files that did not belong to her patient. This is based on the idea that each patient's private information is kept priority. Many times, the hospital or organization itself can be penalized for this if they do not safely keep patient files locked and away from prying eyes.
Physician Violation of Statute:
Simply put, physicians put themselves at risk if they break state or federal laws. This relates to the fact that each state has its own patient confidentiality laws, so breaking laws in one state does not necessary mean it is illegal in another state.
Defense - A physician has a number of legal explanations for their actions in the state of California, some of which are:
Waive of Confidentiality:
As the name implies, a patient has the right to waive his or her right to confidentiality. This sometimes becomes an ethical issue as sometimes patients are wrongly accused of a crime, and are pressured to waive their confidentiality only to later be discovered innocent.
Disclosure for the Private Interest:
Disclosure for private interest includes revealing patient information to keep the safety of other individuals. This is one of the most commonly used excuses for doctors, but ethics calls into question the exact kind of danger that the private individual is put into.
Disclosure for Public Interest:
Interestingly enough, many doctors have recently been arguing that it is the stipulated by the first amendment that it is physicians' right to speak freely in public about their patients. This was upheld in the case Commonwealth versus Wiseman, where a director was sued for revealing information he had previously agreed not to reveal. Amazingly, the court found favor in the director, since it was deemed the amount doctors could learn from the film outweighed the confidentiality rights.
Prosecution - A patient can argue a number of legal breaches in the state of California, some of which are, but not limited to:
Breach of Confidentiality:
This claim is the claim that the physician broke a contract, and should be punished as per the contract law. It is the idea that the patient paid not only for treatment, but also for privacy, and by breaking confidentiality the patient is not getting what he or she paid for.
Invasion of Privacy:
This is the claim argued in the Guthrie Clinic case, where the nurse viewed files that did not belong to her patient. This is based on the idea that each patient's private information is kept priority. Many times, the hospital or organization itself can be penalized for this if they do not safely keep patient files locked and away from prying eyes.
Physician Violation of Statute:
Simply put, physicians put themselves at risk if they break state or federal laws. This relates to the fact that each state has its own patient confidentiality laws, so breaking laws in one state does not necessary mean it is illegal in another state.
Defense - A physician has a number of legal explanations for their actions in the state of California, some of which are:
Waive of Confidentiality:
As the name implies, a patient has the right to waive his or her right to confidentiality. This sometimes becomes an ethical issue as sometimes patients are wrongly accused of a crime, and are pressured to waive their confidentiality only to later be discovered innocent.
Disclosure for the Private Interest:
Disclosure for private interest includes revealing patient information to keep the safety of other individuals. This is one of the most commonly used excuses for doctors, but ethics calls into question the exact kind of danger that the private individual is put into.
Disclosure for Public Interest:
Interestingly enough, many doctors have recently been arguing that it is the stipulated by the first amendment that it is physicians' right to speak freely in public about their patients. This was upheld in the case Commonwealth versus Wiseman, where a director was sued for revealing information he had previously agreed not to reveal. Amazingly, the court found favor in the director, since it was deemed the amount doctors could learn from the film outweighed the confidentiality rights.