BLOG
Understanding Physician Patient Privilege in Wrongful Death Cases
The privacy of medical records and any patient information supplied to the physician is to be kept private. This physician patient privilege is something that’s designed to encourage trust and an open dialogue between patients and the medical community.
Since most of us like the idea that the privacy of our medical history is maintained, there is little that can be said against physician patient privilege.
However, if you’re looking to take action against the wrongful death of a loved one, you’re likely to have questions about the privacy of the medical records involved in their care. For starters, when a patient passes away, does that privilege stay intact, and what can be done to access medical records that are vital to your case?
What Is Physician Patient Privilege?
Physician patient privilege can be defined as the patient’s right to expect that anything told to the doctor for the purpose of receiving a diagnosis or treatment will be kept in confidence. Physician patient privilege prevents medical information from being disclosed to others without their consent, which includes being disclosed in legal proceedings.
The patient themselves may give permission for their information to be disclosed, for example in a malpractice case where it’s beneficial for the court to have access to medical records.
Often in a wrongful death case, the family or representative of the deceased may want to present relevant medical records in court. In certain situations, these records can be crucial for proving the case.
This brings up the issue of who has the right to request that the physician patient privilege of the deceased be waived.
Waiving the Physician Patient Privilege
When someone passes away, the physician patient privilege remains intact. Because the privilege is not automatically removed, the spouse or other representative of the deceased may file to have it waived.
When waiving the privilege involves proving neglect or malpractice on the part of medical staff, obtaining records can become a challenge, even if the deceased gave their authorization prior to death. A court order is necessary to have the records released.
A personal representative of the deceased, such as the next of kin, must be appointed and it must be shown that the representative is considering a wrongful death lawsuit and that the medical records would help prove the possibility of negligent acts leading to wrongful death.
In some cases, physician patient privilege may be automatically waived by the court when the lawsuit centers specifically on the medical condition of the deceased and the information provided in the medical records is key in how the case will be decided.
Getting Help with Physician Patient Privilege Waivers
There is a very formal process to having the physician patient privilege waived, and an experienced wrongful death attorney that will navigate the process is an invaluable asset. When you’re dealing with the loss of a loved one, the last thing you need is to be concerned with the formalities involved in a wrongful death case. Let the experienced team at the Fitch & Stahle Law Firm take care of this for you and help ease your stress during this difficult time.
