Legal Question in Medical Malpractice in California
Doctor/patient confidentiality
''Frank'' is a police officer. One day while on duty, Frank began experiencing health problems that led him to believe that he was having a heart attack. Frank drove himself to the hospital, where tests were done. Frank's supervisor visited Frank in the ER. The ER doctor explained to Frank (in front of the supervisor) that he was not having a heart attack. The ER doctor went on to explain that Frank was experiencing ''anxiety.'' Later, the supervisor wrote and distributed a memo to the department, explaining what had happened to Frank. The diagnosis of anxiety was mentioned in the supervisor's memo. This memo was placed on various ''line-up'' boards at several work locations. Frank was never asked nor did he ever give his consent to disseminate this information. It should be noted that subsequent tests discovered an underlying medical condition that was causing Frank's illness (discounting the ''anxiety'' diagnosis).
Questions:
Did a breach of doctor/patient confidentiality occur?
Is Frank a victim of defamation of character?
What should Frank do?
1 Answer from Attorneys
Re: Doctor/patient confidentiality
Doctor/patient privilege was not violated, since the statement was made in the presence of a third party - the supervisor. Confidential information that is disseminated - knowingly - in the presence of someone outside the confident relationship is not protected by any such privilege.
As for defamation, truth is the absolute defense, and the supervisor did not say anything "untrue" about Frank - given the information he had received directly from the treating physician. While such information may have subsequently proven to be medically incorrect, and the actions of the supervisor in advertising the information throughout the department were crass and insensitive, it is not likely actionable.
I am not surprised that Frank is offended and hurt by the publishing of this very private information without his permission, by I do not think he has a serious shot at a lawsuit against his supervisor, let alone his employer, the police department. In fact, there may be policies and procedures in place in the department that required the supervisor to alert fellow officers and supervisors of a condition that might affect Frank's job performance.
Frank should go directly to the supervisor who distributed the information, with documentation of the true nature of the problem (updated medical records), and demand - with tact and professionalism - that a correction to the prior memo be distributed and posted in the same places that the original appeared.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
