Legal Question in Medical Malpractice in New York
My mom recently passed away, and to our surprise we found out she spent hundreds of thousands of dollars with an gambling problem over the years (that we had no idea about). I know she was seeing a psychiatrist, and he most likely knew of this problem. My mom would mention to me that she was seeing a specialist and she had discussed other things with him and concerning us (her children), so I'm sure this problem was discussed with him (the psychiatrist). He (the psychiatrist) never made an attempt to get in touch with us (her children) to let us know of this problem, and had he, I would have taken control of her assets (I had power of attorney), and put her on a sensible budget. I'm not sure if doctor/patient relationship would prevent any type of legal action with this matter.
2 Answers from Attorneys
There is certainly a doctor/patient relationship making for privileged information. Unless your mom gave specific, written permission for her medical conditions or records (including psychiatric) to be discussed or disclosed, they would have been kept confidential. Whether the psychiatrist's treatment of her gambling problem departed from the standard of care followed by other psychiatrists faced with a similar patient is a different issue. Best, M. E. Zuller
A patient has a right to confidentiality. This is a very strong and well settled right under the law. While the activity, ie the gambling, was financially detrimental to the patient, it is not the kind of activity that would permit, in my opinion, the doctor to circumvent the patient's fundamental right of confidentiality.
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