Breach of Doctor-Patient Confidentiality Attorney in Albuquerque

New Mexico's Breach of Confidentiality Law

According to the American Medical Association's (AMA) Code of Medical Ethics, the information that is disclosed to any physician (doctor, surgeon, psychologist, etc.) during the course of their doctor-patient relationship must remain utterly confidential.

Confidentiality is protected in order to allow for a patient to feel entirely comfortable with the information that is disclosed to their physician, thus, giving the doctor as much information as needed to make an accurate diagnosis based on the information that is provided to them.

If you have been a victim of breach of doctor-patient confidentiality reach out to our Albuquerque lawyers to see how we can help. There are no fees until you win. Call us at (505) 906-6774 or contact us online today!

What Constitutes a Breach of Patient Confidentiality?

Doctor-patient confidentiality can be considered breached if your doctor disclosed private information about you to a third party without your consent, however, there are exceptions to this rule.

How Long Does Doctor-Patient Confidentiality Last?

As a medical patient, you have a right to doctor-patient confidentiality even after you have stopped seeing or being treated by your doctor. A patient's right to confidentiality also continues after their death.

When Can Confidentiality Be Breached?

Before filing a medical malpractice suit for a breach of confidentiality, patients first need to understand that there are a few exceptions to the rule. 

Although it is generally true that doctors will be expected to maintain the confidential information that is provided to them by a patient, there are some situations in which maintaining said information could be detrimental to the patient's own health and well-being. Under such circumstances, it is actually necessary for the medical professional to alert others.

Examples of When Breach of Confidentiality May Be Appropriate

The following examples are instances where breach of confidentiality may be appropriate:

• If the patient has expressed a desire to harm themselves or someone else. For example, a psychologist whose patient has admitted to suicidal thoughts or ideations is expected to report this to the proper health care professional, whether or not the action threatens to breach the patient's confidentiality.
• If the patient has given consent for the information to be shared. In order for medical records to be exposed to a third party, the patient must expressly authorize the release of information. Furthermore, who can receive said information must be identified in the release, i.e. the patient's insurance company, the patient's family, the patient's employer, the patient's attorney, etc.
• New Mexico requires mandatory reporting of sexually transmitted diseases. In New Mexico when a doctor diagnoses or treats a patient for an STD or STI they are required to report it to the public health department. However, an unauthorized disclosure of HIV or STD test results can be classified as a petty misdemeanor.
• If the information is relevant to a workers' compensation case. In instances where the patient is involved in a workers' compensation claim, a review organization (the employer, employer's insurance, etc.) may view related medical records.

James Wood Law Is Here to Help You

At our firm, we recognize the struggles you are facing. We represent the vulnerable victims of medical malpractice and those who feel powerless standing up against insurance companies or large corporations. Our experienced team of injury attorneys in Albuquerque, NM are there to fight for you, listen to you, and be there for you, no matter what. 

If you have experienced a breach of doctor-patient confidentiality, contact our Albuquerque breach of confidentiality lawyers to get started on your case.  Call (505) 906-6774 or contact us online today!