Legal Question in Civil Litigation in Wisconsin

breach of medical confidentiality

I recently agreed to participate in a medical study (ulcer related) at a teaching hospital. I signed an agreement that guaranteed no info regarding my diagnosis/ treatment could be released without my consent. The hospital, by mistake, sent a bill for the pathology to my health insurer, who now knows I sought treatment for this condition. The hospital in question partnered with a pharmaceutical company to conduct this study. I understand this my right to privacy is guaranteed by federal law. Complications: my family and I are trying to secure an individual health insurance policy, which subjects us to the underwriting process. Now part of the study info is potentially fair game, which may substantially affect our future ability to secure health insurance. What recourse, if any, against the hospital/medical college do I have? I have copies of all the signed documents, guaranteeing my right to anonymity and confidentiality regarding any aspect of this study.


Asked on 4/08/98, 9:45 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Confidentiality agreement broken by hospital

Go to a local atty immediately. The agreement was broken. You have serious damages -- if you cannot get health insurance or if you can at a higher rate than you would have otherwise, etc.You must also ask the atty about what the insurance companies can refuse. Good luck!

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Answered on 4/21/98, 3:51 am


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