Key Points

  • There is no duty of confidentiality owed unless a bona-fide doctor-patient relationship exists or existed
  • The scope of the duty of doctor-patient confidentiality, as well as the existence of a doctor-patient legal privilege, varies from state to state. No federal law governs doctor-patient confidentiality or privilege
  • Generally, what is confidential is information that is learned or gained by a doctor, during or as a result of the doctor’s communications with examination of you, or medical assessment of the patient
  • The duty of confidentiality continues even after the patient stops seeing or being treated by the doctor
  • The duty of confidentiality is not absolute. Doctors may divulge or disclose personal information, against the patient’s will, under very limited circumstances

Inside Key Points