Confidentiality

  • The patient may waive the right to confidentiality
  • If the patient loses capacity, health information should be disclosed according to the patient’s best interest
  • Health care providers should make their best efforts to ensure the safety of patient information (e.g., patient information should not be discussed in public areas, even within the hospital setting)

Exceptions to confidentiality

  • Suspected child, disabled person, or elder abuse (reporting laws for spousal abuse vary by state)
  • Knife or gunshot wounds
  • Diagnosis of a reportable communicable disease
    • In most states, the physician does not have the right to inform third parties without the patient’s consent.
  • Threats to harm self or others and reasonable ability to carry out the threat in the near future