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Is it malpractice if your physician gives out medical information without your consent?
Wiki User
∙ 7y ago
It is not malpractice; however it would be a violation of the Federal HIPAA law (or if not in the USA, the local equivalent patient privacy laws). HIPAA is an acronym for the Health Information Privacy Protection Act. It prohibits medical personnel from divulging certain medical information of patients to others without the patient's consent. If a physician gives out medical information without your consent, he or she would not be guilty of malpractice but would be in violation of federal law. This could subject the physician to penalties and damages - both from the government and potentially from patients if they can show harm from the disclosure.
In the EU, the Data Protection Directive 95/46/EC also makes it illegal for a doctor to share information without patient consent except in certain limited situations.
Most other jurisdictions have similar laws.
Wiki User
∙ 7y ago
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Where can I go to find a little more information about medical malpractice?
Medical malpractice information can be found in legal books from your local library, or from any law offices. Speaking to a medical malpractice lawyer can get you the most professional information.
What is physician negligence?
Physician negligence is medical malpractice in the forms of injury or death causing errors such asWrong DiagnosisDelayed DiagnosisImproper TreatmentSurgical ErrorsProving medical malpractice involves proving negligence such as in a personal injury lawsuit with slight deviations.
Where can one find information on the definition of medical malpractice?
Going to your public library to consult medical and or law books can help you find the definition for medical malpractice. A lawyer will also tell you about medical malpractice.
Can the U.S. government be sued for medical malpractice?
Not directly. A physician under their employ can be sued for malpractice if he treated you. If the issue is an insurance or coverage decision that was made based on chart review then you can't sure for malpractice.
What type of information must be reported to the NPDB?
Medical Malpractice payments.
Does Alabama have medical malpractice caps?
Actually, despite the fact that most states have damage caps for medical malpractice, Alabama's caps were declared unconstitutional except in cases of wrongful death involving medical malpractice. For these cases, there is a cap of $1,000,00. The law article below provides more specific information concerning medical malpractice damage caps in the States.
Can a physician assistant testify in a malpractice case as expert witness?
In principle, no, as they should be protected by the physician-patient privilege if they have had access to information the patient does not wish to disclose. However, I do not know whether this still holds true if the assistant doesn't have a medical license yet.
Who has the authority to revoke a physician's license?
Typically, the state medical board or licensing agency has the authority to revoke a physician's license. This action is usually taken when the physician is found guilty of professional misconduct or malpractice.
Can medical malpractice be extended in ca?
The statute of limitations in California for medical malpractice is 3 years from the date of medical malpractice and one year from the date the injury or illness caused by the malpractice is discovered. The article below goes into more detail about medical malpractice statutes of limitations.
What hospitals have a history of medical malpractice?
Medical Malpractice at Hospitals happens all across the nation. All hospitals have issues concerning medical malpractice lawsuits.
What does it take to get a medical malpractice suit?
A medical malpractice suit is a lawsuit against a medical or healthcare provider who has performed some sort of professional medical negligence. You can file a medical malpractice suit if you have a situation such as this. An example of medical malpractice would be if after surgery it was discovered that a scalpel had been left inside you. Doctors have malpractice insurance to cover themselves in situations such as this.
Where can you claim for medical malpractice?
You can report instances of medical malpractice to the medical licensing commission, but that is separate from suing for medical malpractice. That is done through a regular lawsuit in any local, civil court.
