In previous columns, we have discussed the laws and regulations protecting the confidentiality of medical information, as well as the circumstances under which medical information can be disclosed.1 As a general rule, physicians have an ethical and legal duty to keep confidential all information they learn from their patients. As the New York Supreme Court put it in the seminal case of Doe v. Roe:2
…a physician who enters into an agreement with a patient to provide medical attention, impliedly covenants to keep in confidence all disclosures made by the patient concerning the patient’s physical or mental condition as well as all matters discovered by the physician in the course of examination or treatment.
The rationale behind this protection is to encourage the patient to be completely forthcoming to the physician, secure in the knowledge that the physician will do the utmost to keep all such information confidential. As the American Medical Association puts it:
Full disclosure enables the physician to diagnose conditions properly and to treat the patient appropriately. In return for the patient’s honesty, the physician generally should not reveal confidential communications or information without the patient’s express consent unless required to disclose the information by law.3
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
