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Patient confidentiality is a legal and ethical obligation between a physician and patient. Information provided by the patient or discovered through medical testing must remain private unless the patient consents or there is an imminent threat. Violating confidentiality can result in legal penalties for doctors.
Patient confidentiality is an aspect of the relationship between a physician and a patient that dictates that any information provided by a patient or discovered through medical testing be private. This information may not be disclosed to third parties other than the physician and patient unless the patient expressly consents to the release of the information. There are some exceptions to this, however, such as information that may relate to an imminent threat to the patient or others. Patient confidentiality is both an ethical obligation accepted by physicians and a legal issue protected by a variety of laws in various countries, states and provinces.
Also referred to as doctor-patient privilege, patient confidentiality covers any information transmitted by a patient to their doctor, as well as information obtained through medical testing. This can include previous medical history, such as medications or medications taken, as well as illnesses a person may have had or may still have. Any medical conditions discovered through testing are also covered by patient confidentiality and remain private unless the patient specifically or generally authorizes disclosure of the information.
Patient confidentiality can be waived by a patient, a legal guardian of a minor, or someone who has received a power of attorney from a patient. How you waive this confidentiality and how information is released is generally governed by local laws. In some areas the information is only released to a single agency and only certain aspects of it are released, while in other regions it may be released in its entirety to many other medical groups. These can include insurance companies, other medical professionals and hospitals.
Physicians may violate patient confidentiality under certain specific and extraordinary circumstances. These typically involve a risk to the patient or others that the doctor perceives as real and imminent. This can include a patient who threatens to harm themselves or others, as well as someone who may have a dangerous, highly communicable disease. In these circumstances, the doctor usually has a legal obligation to inform law enforcement authorities and similar organizations. There is also typically implied consent by a patient to release medical information to any hospital or doctor a patient visits to ensure that information is passed on correctly between healthcare providers.
Other instances where patient confidentiality is violated by a doctor, however, can incur serious legal penalties for the doctor. Many countries allow a patient to bring a lawsuit against a doctor or hospital who violates patient confidentiality and releases unauthorized information to a third party. In some areas, doctors can even lose their license to practice medicine or face other serious consequences for violating this confidentiality.
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