Legal Question in Medical Malpractice in Massachusetts

Re: patient doctor confadentiality

In short, yes. Your medical information is private and confidential under both Massachusetts and federal law. It is not to be disclosed to others without your prior written authorization except in very limited circumstances, which I assume do not exist here (for example, when necessary to protect another person from iminent harm). The law is less clear about whether you have a right to bring a lawsuit for damages as a result of an inappropriate disclosure of this private information, but our office has been successful in getting settlements for clients in situations like this. Also, regardless of the invasion of privacy issue, there may be other bases for a claim, depending on exactly what information was given out and the motive for the person's release of your information.

I would be happy to discuss the situation with you if you would like to call.

Re: patient doctor confadentiality

There is a private right of action under the MA privacy law, among other statutes (HIPPA among them), but the issue is usually that there are no damages for the privacy violation. But if you've been wrongfully fired due to a breach of privacy/HIPPA laws, you would clearly have damages (lost wages, etc.), thus a potentially attractive lawsuit. Attorneys' fees may be recoverable for privacy violations. Contact me if you'd like to discuss it further.