A question about Doctor/Patient confidentiality...?

Question

Is there any circumstances where the Dr. can break this rule...maybe for an investigation or a clear and present danger?

Answer 1

I think that the patient can be tricked into breaking the confidentiality agreement in some instances.

Though I'm referring to a tv show - one doctor was treating the husband and the other doctor was treating the wife. The wife was hiding something from the husband that would alter a decision, so the husband and wife and both doctors were in the same room while the wife's doctor asked her in front of the husband if she would like to share the information. It was enough to force the wife to admit that there was something that she was hiding from the husband - so she admitted to the hidden information that her doctor was not able to share.

This is not something I would recommend doing even though no one broke any laws - I just think it's unethical to put the patient in that situation.

Answer 2

Perhaps, but the doctor would likely also be liable in civil court for breaking that confidentiality. The confidentiality is to protect the patient, not the doctor, so if the doctor gave the information out, say, for a good and legal reason like giving it to the police to assist in an investigation, the patient might still come back later and sue that doctor for breaching the confidentiality, especially if the patient was damaged by it somehow.

Answer 3

YES. There are SEVERAL exceptions, and most states are getting rid of this confidentiality requirement (for evidentiary purposes in judicial proceedings). One of the standard exceptions is where the physician is substantially certain that the patient will either (1) endure great bodily harm or death, or (2) cause another person great bodily harm or death.
I suggest you look up "Tarasoff". It is a case regarding a psychiatrist's Duty to Warn, which essentially creates an exception to a physician's confidentiality requirements in the state of California. The majority of states now follow the Tarasoff decision.