Is a dr/patients confidentality violated when a dr. reports to prosecutors those positive drug test pregnant?

Question

The full question
Is a doctor patients confidentiality violated when a physician report to prosecutors those positive drug screens from either infants or pregnant women?
This is for my drug and society class and I'm torn on it, so I was looking for someone to help me with it. It is for a paper, however I think that it is not violated, but I'm not a hundred percent sure so I thought I would as the community. Thank you for taking the time to help me with this

Answer 1

The simple answer is yes for the woman, no for the infant. In the case of the woman, she is an adult who sought medical treatment and is entitled to privacy in doing so. The result if we do not give her privacy is that pregnant drug users will not seek prenatal care. If there are specific laws requiring disclosure in that case, they are in abrogation of the general rule of physician patient privacy.

In the case of the infant, the infant did not seek the medical treatment and is incapable of invoking or waiving the privilege. Society generally provides this power to the parents in such circumstances but the authority to waive the privilege can be taken away from the parents. That is the distinction that I would see between the parent and the infant. The confidentiality is not violated for the infant because society has determined that, if the infant were capable, he or she would waive the privilege and that decision cannot be left to the parent who has a conflict of interest in this situation.

Just my thoughts though.

Answer 2

I think a search warrant is required in order to get medical records and other confidential information, if it's a pregnant woman. If the records are obtained legally, it's not a violation of patient-doctor confidentiality. As deplorable as that is, it's her body. Until the baby is born, it does not have certain rights.

Doctors have to report to police if they have reason to believe a person is a danger to him/herself or others. But I don't know if this qualifies.

I DO know a doctor is required by law to inform authorities if an infant tests positive for drugs. It's child abuse

Answer 3

A positive drug screen on a pregnant woman - yes it's a violation. Until a woman gives birth she has the right to do to her body whatever she pleases - and the unfortunteately includes the abuse of the fetus with drugs. The only time a physician would legally be able to report the results is if the test is court ordered.

A positve drug screen on a newborn - no. That is reporting suspected/ actual child abuse and a physician is a mandatory reporter in most states.

Answer 4

I am a strong medical privacy advocate so I am very biased and I would say yes, such disclosure is a clear violation of a doctor's privacy oath.

Alas, many states require doctors, under threat of license revocation, to report to the goon squad or the evil thugs of MSW's, any action that could pose a risk to another.

While I strongly counsel that people do not use drugs recreational. Those that do ought to seek to avoid pregnancy or being the cause of pregnancy (a responsibility issue). Today, it is drug --- but could the "brain dead do gooders" extend the term drug to alcohol and tobacco.

I fear that these same groups will demand the reporting of anyone who takes an anti-depressive so that these depressed individual will not be able to buy a firearm or ammunition. The police state will not fall on us as a prevention from hostile nations or groups --- it will slowly layers on us as a means to protect us from ourselves.

Answer 5

I'm not a lawyer or a doctor; however; i would imagine that it would take one of three things to report it legally.

1) a threat to self or others (in this case true for both)

2) a court order from the prosecutor.

3) abuse of an infant or child..which this would be.

Teachers and doctors are required in at least two states that I am aware of...to report to the authorities any abuse, suspected or real, of a child. I would believe this would definately fall into that catagory!


good luck!

Answer 6

I think that technically it wouldn't be a violation. Doctors are required by law to report anything that is a danger to you or others. A pregnant woman who tests positive for drugs is absolutely endgangering her unborn child. However, I don't think that doctors usually test pregnant women for drugs or drug users for pregnancy, so I don't know how often the issue would come up.

Answer 7

I would say no, since the patient is violating a law and they are doing it to protect an innocent person (the child). However, legally, they are revealing information of a medical nature. It shouldn't be wrong, but probably is.

Answer 8

In order for any lawyer or court to get this type of information about a patient, the lawyer has to subpoena the doctor and the medical record department for the pt's records. This is the correct way of doing this. Without it, there is no way the doctor can give out any information about any patient to anyone.

Answer 9

wow that's a hard one.... I think that yes the patients confidentiality have been violated. because Dr is reveling private information. but i guess if courts force him, then he has not choice . hope this helps, good luck with paper

Answer 10

The only resolution on this is to resesarch what the Dr./patient aggrement actually says. Call your doctor and see if you can get a copy if you can't find one online.