Legal Question in Legal Ethics in Maryland

Patient Confidentiality

I had to fill out a form for my daughter at a dentists office and one of the women who worked there knew my soon to be ex husband. When I wrote down where I worked I wrote a false name for my employeer so my husband wouldn't find out where I really work and I have reason to believe the lady who works there that knows my husband may have given him the information through her daughter, who lives with him. Did the woman have any right to do that and if not, what are my legal rights and can I get in trouble for putting false information on the form?


Asked on 11/22/02, 4:01 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Patient Confidentiality

When you complete a form that is part of a contract you can run into problems where you supply incorrect information. In this case, the dentist wants to be paid and supplying incorrect information constitutes a criminal offense of procuring services under false pretense (i.e., where the dentist was to bill against a false employer's insurance). This is a matter between you and the dentist who may not be paid for his services. You are to be commended for seeking adequate health care for your child, but you should not do so through fraud. If you qualify, public assistance is available.

It appears that you are heading for a divorce. Where a child is involved, child support lies. Although health care insurance is something that a judge can order, it may be more cost efficient for you to get an agreement with your spouse or father of the child(ren). Such an agreement, properly drafted and incorporated through divorce has considerable merit.

I strongly suggest that you contact an attorney to discuss your case rather than succumb to underhanded and criminal means to provide for the better welfare of your child(ren).

G. Joseph Holthaus

(410) 799-9002

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Answered on 11/23/02, 11:59 pm


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