Does a New Florida Law Affect Doctor and Patient Confidentiality?

Posted on September 26, 2014 by Shapiro Law Group

Yes, a recent change to Florida law regarding expert witnesses was a threat to injured patients and their interests, that same law also threatens the relationship between injured patients and their regular physicians.

Can I Trust My Doctor To Keep My Medical History Private?

Several Prescription Pill Bottles in a Pile

Doctors and other medical professionals have a duty to keep your information private. In fact, the law imposes a duty on medical professionals to not disclose such information without your consent.

This is because a certain amount of trust must exist between a doctor and a patient in order for the patient to receive proper treatment. If you are afraid to tell your physician the truth because you believe that the physician would tell someone else then doctors could make incorrect diagnoses or fail to treat you at all.

However, the nature of such a relationship is complicated and you should seek an attorney in the Tampa bay if you fear that your relationship with your doctor could be at risk.

Can My Lawyer Help Keep My Medical History Private?

Florida law now permits a defendant doctor’s or hospital’s lawyers to request a meeting with your physician. Although your lawyer must be present for that meeting, after 15 days they can meet with your doctor without your lawyer.

During these meetings, lawyers for insurance providers and hospitals can discuss your medical records and medical history with your doctor. Effectively this means that lawyers for hospitals and insurance companies will be able to meet with your doctor and discuss your confidential medical history as well as their legal strategy. This invasion of the relationship of trust and respect between doctors and patients allows attorneys, insurance companies, and hospital managers to significantly influence a physician’s testimony and opinion at trial.

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