Legal Question in Medical Malpractice in California

My name is Jennifer and my birthday is April 18, 1993. I live in California. I was recently in the hospital for an e-coli infection, both of my kidneys were infected. My doctor asked me very PERSONAL AND CONFIDENTIAL INFORMATION. She said it was 100% confidential and my parents would not know. My father is a Cardiologist and sees patients at this hospital. He WAS NOT my doctor, and IS NOT a Pediatritian. I later found out he asked the nurses to have my confidential information. They said they were not allowed to do this. My father went to a computer in the hospital, logged on, and looked at the confidential information I told the doctor. He did not do it to help diagnose me, he wanted to KNOW what I told the doctor about my personal life. He is able to get ANY other information he wanted if he just asked my doctor. It says on the computer screen before you put in a password that you are not allowed to search someone's files that ARE NOT YOUR PATIENT. My confidentiality was broken and greatly affected me and my father's relationship. He recently physically abused me for the first time and it was reported to Child Protective Services. We do not see or talk to one another, I live with my mother 100% when originally it was 50% 50%. I feel like none of this would have happened if he did not see my confidential part of my file, and that he should not "get by" because he had access to a hospital computer while if a parent that was not a doctor and just asked for the information, the hospital CANNOT give that information. Isn't this scenario ILLEGAL?

Asked on 9/18/10, 12:41 am

2 Answers from Attorneys

Steven Hertz Hertz Steven H.

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From two perspectives; first the hospital has a duty to observe your rights of confidentiality and privacy. The right of privacy has been eroded over the years. The two biggest enemies of privacy are the United States government, and the medical insurance industry. Privacy seems to have slid a great distance in the last ten years.

Clearly the hospital should not have released your private information to a third party. This information, depending on what it is, might be protected against disclosure even to your parent, as you are yet a minor. Not all information about a minor is protected. But it this is the protected type then probably the hospital is liable for disclosing it.

Whether your dad has the right to view the information depends on whether he has a privilege. He is not your doctor so that doesn't apply; he is your father and under most circumstances would be privileged to see such info.

In matters of family, the law is most often not the way to resolve issues. Going to law can be far more detrimental and harmful than it is helpful. Consider what it would mean for one to sue one's own father, and the hospital where he is employed or has privileges. You might win, but the win might be more of a loss in the bigger picture.

Answered on 9/23/10, 1:15 am

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