Medical record confidentiality is the right to keep personal medical records private and is a matter of professional ethics and law. Healthcare professionals must protect patient privacy and not give unauthorized access to medical records. Violating confidentiality can result in legal consequences and termination of employment. Exceptions exist when a court order exists.
Medical record confidentiality refers to the right to keep personal medical records private and the obligation of certain individuals to do so. Maintaining privacy means taking appropriate steps to prevent unauthorized third parties from discovering a person’s health information. Protecting patient privacy in this way is a matter of professional ethics, but it is also commonly a matter of law.
When a physician treats a patient, all information disclosed, discovered, or speculated upon within that relationship is expected to be kept confidential. While this type of protection is often referred to as doctor-patient privilege, doctors are not the only ones bound by medical record confidentiality obligations. Other healthcare professionals such as psychiatrists, nurses and dentists are expected to do the same. The standards also apply to individuals associated with the healthcare sector but not directly involved in the delivery of care, such as laboratory technicians, pharmacists and billing clerks.
Maintaining the confidentiality of medical records involves several things. For starters, healthcare professionals should not give unauthorized third parties access to patient information. This includes oral and written communications and file access. Healthcare professionals are also generally required to take certain steps to ensure that medical information is protected in a way that prevents third parties from easily obtaining it without consent. For example, a nurse may violate medical record confidentiality by leaving a person’s medical record in a waiting room.
There are several reasons why the confidentiality of medical records is so important. One of the main reasons is that this type of protection benefits both patients and medical professionals. If a patient is concerned that information she discloses to a healthcare professional will be shared with others, she can keep secrets. To your detriment, you may not receive adequate treatment. This situation can also present disadvantages to the doctor because the absence of information that could lead to an easy and accurate diagnosis will require more effort. Another reason the confidentiality of medical records is so important is because in many societies, a person has a right to privacy.
The consequences of disclosing health information are often greater than patient embarrassment. A doctor who does so can be ordered to pay damages and the facility where you are employed can be ordered to pay damages. It is very likely that your employment will be terminated and your professional license suspended. It should be noted, however, that there are some situations where the protection afforded by medical record confidentiality does not apply, such as when a court order exists.
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