Privacy and confidentiality

On this page

Confidentiality - My Lips Are Sealed

  • Ethical and legal duty to protect patient information, a cornerstone of the patient-physician relationship.
  • Information can only be shared with written, informed consent, or in specific, legally-mandated situations.
  • Exceptions to Confidentiality:
    • Patient intends to harm self (suicidal) or others (homicidal).
    • Suspected child, elder, or vulnerable adult abuse.
    • Reportable communicable diseases (e.g., TB, gonorrhea, hepatitis).
    • Gunshot and knife wounds.
    • Court orders or subpoenas.
    • Impaired drivers or pilots, depending on state law.

⭐ The Tarasoff v. Regents case established the physician's "duty to protect" or "duty to warn" identifiable third parties if a patient presents a serious danger.

Exceptions to Confidentiality - When to Spill

  • Patient consent is the primary exception. Otherwise, confidentiality is breached only in specific, legally mandated situations to protect vulnerable individuals or the public.
  • Suicidal/homicidal intent (Duty to Warn/Protect).
  • Abuse (child, elder, domestic).
  • Vulnerable populations (e.g., impaired drivers with uncontrolled seizures).
  • Epizootic diseases (reportable animal diseases that can affect humans).
  • Diseases (reportable communicable ones: TB, hepatitis, STIs).
  • Wounds from violent crime (gunshots, stabbings).
  • Court order or subpoena.
  • 📌 Mnemonic: SAVED W/C

Tarasoff Duty to Protect: Arises from a patient's credible threat to an identifiable person. Requires notifying police and/or warning the potential victim. Failure to do so is a major ethical and legal breach.

Special Populations - Tricky Privacy Cases

  • General Rule: Patient confidentiality is paramount, but exceptions exist for vulnerable populations and public safety.
  • Minors (<18 years): Parental consent is typically required for treatment. Exceptions include:
    • Emancipated Minor: Legally adult (married, military, financially independent). Can consent for all treatment.
    • Mature Minor Doctrine: Varies by state; allows minors with sufficient maturity to consent for specific care (e.g., STIs, contraception, substance abuse).

Tarasoff Doctrine: If a patient makes a credible, specific threat of harm to an identifiable person, the physician has a "duty to protect" the potential victim, overriding HIPAA.

HIPAA Rules - The Privacy Police

  • HIPAA (Health Insurance Portability and Accountability Act) establishes national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge.
  • Core principle: Safeguards Protected Health Information (PHI), which includes any identifiable health and demographic data.
  • Disclosure is permitted without authorization for:
    • TPO: Treatment, Payment, and healthcare Operations.
    • Public health activities (e.g., reporting communicable diseases).
    • Reporting suspected child/elder abuse and neglect.
    • Legal compliance (e.g., court orders, subpoenas).

High-Yield: A patient's family and friends can be informed about their condition/location if the patient does not object and it's in their best interest (e.g., patient is incapacitated).

High‑Yield Points - ⚡ Biggest Takeaways

  • HIPAA is the primary federal law protecting Protected Health Information (PHI).
  • Confidentiality is not absolute; major exceptions include danger to self/others, reportable diseases, and suspected child/elder abuse.
  • The Tarasoff decision created a "duty to warn" potential victims of credible threats.
  • Minors can often consent to care for STIs, substance abuse, and pregnancy without parental notification.
  • Patients have a right to access and obtain copies of their medical records.

Practice Questions: Privacy and confidentiality

Test your understanding with these related questions

A 42-year-old woman presents to the physician with symptoms of vague abdominal pain and bloating for several months. Test results indicate that she has ovarian cancer. Her physician attempts to reach her by phone multiple times but cannot reach her. Next of kin numbers are in her chart. According to HIPAA regulations, who should be the primary person the doctor discusses this information with?

1 of 5

Flashcards: Privacy and confidentiality

1/10

What is the peak incidence (age) for sexual abuse? _____

TAP TO REVEAL ANSWER

What is the peak incidence (age) for sexual abuse? _____

9 - 12 years old

browseSpaceflip

Enjoying this lesson?

Get full access to all lessons, practice questions, and more.

Start Your Free Trial