Medical Privacy and Lung Cancer: How to Prove Breach of Confidentiality

On Behalf of | May 21, 2024 | lung cancer

Healthcare professionals must ensure confidentiality when handling patients. Your physician is responsible for safeguarding your privacy and well-being by not disclosing your health status or medical records without your consent. However, breaches might occur intentionally or unintentionally. Whatever the case, you can file a lawsuit against the hospital or doctor when they breach your confidentiality. This guide highlights how to prove a breach of confidentiality in a medical privacy case.

Investigate the Breach of Confidentiality

The first step to proving a breach of confidentiality is to show that a doctor-patient relationship existed in the first place. A doctor-patient relationship starts from the moment the physician agrees to provide care. You can use documents such as receipts, prescriptions, and scheduled appointments to show proof of a doctor-patient relationship. 

The doctor must safeguard your medical records and not share them with anyone without your consent. If you believe a breach exists, you can seek the services of an attorney to investigate the matter. The lawyer will examine how the breach happened, whether there was a reasonable effort to protect your information and the extent of the damage.

Gather Adequate Evidence

Litigation in breach of confidentiality cases can be lengthy and costly. As such, ensure you gather as much evidence as possible to help you prove your case. Inspect your confidentiality agreement to ensure it has no errors or exceptions that can water down your case. Show what information the physician leaked and how they did it to prove your case and determine the extent of the damage.

Notify the Breaching Party

After gathering all evidence and confirming that a breach of confidentiality exists, notify the breaching party in writing through your lawyer. If the breaching party acknowledges the breach, that might be sufficient evidence to prove your case if it ends up in court. Depending on the circumstances, an attorney might mediate the case for an out-of-court settlement.

Enlist Professional Breach of Confidentiality Attorneys

A breach of doctor-patient confidentiality is an offense and medical malpractice punishable by law. A healthcare professional cannot share your medical records without your consent. At Pourciau Law Firm, we have years of experience in offering legal services to the residents of New Orleans, Baton Rouge, and the surrounding areas. Contact us today to schedule a free consultation.