Patient Confidentiality and Privacy – A Guide for Medical Practitioners

Introduction

The ethical and legal obligation of medical personnel and institutions to maintain the confidentiality of the patient’s private information is defined as patient confidentiality. This obligation extends to anybody having access to the patient’s information including the healthcare provider, or related person or organization. They should not use or disclose any information without the patient’s consent. This commitment remains in effect even after the patient expires.

Patient confidentiality and privacy is an important aspect of the patient-doctor relationship. This obligation helps to ensure that people can access the proper health care they require without the fear of their information being shared without their consent. This way the patients are also protected from any potential harm, medical or financial, that could have arisen from having their private health information shared with others.

Medical professionals who break any patient privacy or confidentiality laws will be punished with disciplinary action or civil penalties. The severity of the crime decides the punishment for the culprit. If their negligence compromises the patient’s confidentiality, they might also be held financially accountable. To carry out their duties in a manner that adheres to the law, every medical professional needs to have a thorough understanding of every aspect of patient confidentiality and privacy.

Table of contents

1. What are the various aspects of patient confidentiality?
2. To whom does the obligation for patient confidentiality and privacy apply? 
3. What happens if confidentiality obligation is violated?
4. Frequently Asked Questions

What Are The Various Aspects Of Patient Confidentiality?

Patient confidentiality and privacy has several aspects which medical practitioners must be aware of:

Health Insurance Portability and Accountability Act (HIPAA)

This legislation establishes standards for the privacy and security of a patient’s protected health information. Protected Health Information is also referred to as PIH. It applies to healthcare providers, health plans and related business associates. It obligates them to take necessary measures to protect the privacy of a patient’s information.

Agreement on Secrecy

It is a two-party agreement that outlines the conditions under which secure private information can be exchanged. It also outlines each party’s responsibilities for keeping the information private.

Act on Data Security (DPA)

This legislation establishes guidelines for the protection of personal information and data. It includes the rules that must be observed to protect people’s privacy. This includes controlling how any company collects, stores, uses and distributes the patient’s personal information.

Safety Statement

This legal statement informs people about how the business will use and safeguard their personal information.  

Governance of Knowledge

This is a method for controlling an organization’s collection and use of personal information. It also oversees the dissemination of this knowledge within the organisation.

Agreement with Knowledge

It is the process of obtaining a patient’s voluntary permission before undergoing certain medical procedures or treatments. This entails informing the patient ahead of time about the procedure’s risks and advantages.

Privacy is a Fundamental Human Right.

Every individual has the fundamental right to control access to their personal information. Freedom from unwanted surveillance and control is also included.

Liberties of Patients

• This encompasses a patient’s rights and responsibilities. It includes the right to view their medical records.
• Right not to have personal space invaded in a hospital or facility
• Right to select the medical practitioner and institute from which to receive care. Right to be told about the diagnosis and potential treatments.
• Right to have any concerns acknowledged and addressed before or after treatment
• The ability to provide or withdraw consent for any therapy or procedure.

To whom does the obligation for patient confidentiality and privacy apply?

These obligations for patient confidentiality and privacy apply to:

1. Nurses
2. Pharmacists
3. Administrative personnel
4. Foodservice
5. Health clinics
6. Hospital
7. External laboratories
8. Third-party contractors

What Happens If the Confidentiality Obligation is Violated?

If a medical practitioner violates patient confidentiality and privacy laws, they are bound to face charges as per the severity of the violation. The costs can be civil lawsuits, criminal litigation, fines, suspensions, or professional disciplinary action. In case of a severe violation, their medical license can also be terminated.

Earlier, the patient’s data could be used for research purposes if the patient’s name was never disclosed. But now, this is not acceptable. Any type of patient information cannot be disclosed, even after the patient’s death, without proper consent. 

Thus, it can be concluded that patient confidentiality and privacy laws are important to ensure that patients can avail proper treatments and healthcare without the fear of losing their personal information and liabilities. This helps to overcome the social stigma towards certain types of treatments, such as psychiatric consultations. It also prevents medical practitioners from misusing their profession for illegal and immoral purposes. Both, medical practitioners and patients, must be aware of these laws. 

Frequently Asked Questions

Q1. What is patient confidentiality and privacy in the medical field?

Ans. Patient confidentiality and privacy is the ethical and legal obligation of medical practitioners and related people to maintain the confidentiality of the patient’s private medical and health information. They must not disclose any type of information without the patient’s consent. This obligation persists even after the patient’s death.

Q.2 What are the legal responsibilities of medical practitioners in maintaining patient confidentiality and privacy?

Ans. It is the legal responsibility of the medical practitioner to protect the patient’s personal health information from illegal and unauthorized use or disclosure. Also, they must ensure the security of the collected personal health information and that it is used for legitimate purposes only. Medical practitioners are allowed to disclose only minimal information that is necessary to fulfill their professional duties.

Q.3 What happens if a medical practitioner violates patient confidentiality and privacy laws?

Ans. If a medical practitioner violates patient confidentiality and privacy laws, there may be severe legal and professional ramifications.

For starters, violating patient confidentiality and privacy laws is a betrayal of the patient’s confidence and can harm the patient-medical practitioner relationship. The patient may feel violated and lose faith in the doctor’s ability to provide adequate care.

In terms of legal ramifications, the medical practitioner may face civil or criminal responsibility. The patient may sue the medical practitioner for monetary damages arising from the breach of confidentiality or privacy. Furthermore, regulatory agencies may investigate the incident, and the medical practitioner may face disciplinary action, including license suspension or revocation.

The medical practitioner may also face fines, imprisonment, or other criminal penalties, depending on the severity of the violation and the particular statutes violated.

Medical practitioners must take patient confidentiality and privacy laws seriously and implement appropriate safeguards to protect patient information. Maintaining adequate physical, technical, and administrative safeguards to secure patient information, training staff on the importance of patient confidentiality and privacy, and responding promptly to any breaches of confidentiality or privacy that may occur are all part of this process.