M
muzik.monkey
Guest
consent. Is this allowed? I am wondering where I stand from a legal point of view. I am in Australia.
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My Doctor (GP) has discussed my condition with my family members without my
Mr Warrior
New member
If u are a minor. Then the doctor can discuss it with your parents without your knowledge.
Because u are not old enough to make the serious decsions regarding your health. At least in the eyes of the law that is.
Because u are not old enough to make the serious decsions regarding your health. At least in the eyes of the law that is.
gildersleeve
New member
My husband's doctor discussed many details of my husband's case with me, without my husband giving his consent. My husband actually had no problem with this. Of course, he was in a medically-induced coma at the time ....
But he didn't mind, even after he was fully out of the coma. :-D
OK, seriously: the laws governing doctor-patient confidentiality are NOT absolute. There are lots of exceptions to the rule, such as the one I opened with. Have you asked your GP why he/she discussed your case without your consent? Your doc may have merely forgotten himself/herself and let it slip out, or he/she may have had quite a good reason for discussing your details with your family, without waiting for you to give permission.
Other than your country, you give no clues about your situation. If you are a child, you have no grounds for complaint whatsoever, if the "family members" are your parents or other guardians. If you are an adult, and you specifically asked your GP not to discuss your case even with your spouse or family, then you have almost certainly have grounds for a malpractice suit.
Anywhere in between these two extremes, and you need the advice of a good solicitor. Make very very sure, *before* you take this road, that the nature of the doc's breach of confidence (and whatever damage was done to you as a result) is enough to justify pursuing an expensive and time-consuming attempt at recourse under the law.
Start by investigating whether there are any state or federal statutes specifically allowing doctors to "presume consent is given" to discuss a patient's medical case with family members; and which family relationships are included; and under what circumstances the patient's medical details can be discussed with the family.
Remember also that in most nations, including Australia, doctors are allowed to consult other doctors over any patient's case details, and of course they cannot do that if the details have to stay absolutely confidential. And anyone who deals with processing the payments for your medical care, including all the clerks working in public-health-care agencies and insurance companies, will have to have access to the details of your condition, too, which happens without your specific consent if you are unconscious or otherwise incapable of giving consent. Plus, if you have any close family members working in the health industry, .....
I hope this helps. And I hope that whatever damaging consequences have come out of this are mild and temporary. Good luck!
But he didn't mind, even after he was fully out of the coma. :-D
OK, seriously: the laws governing doctor-patient confidentiality are NOT absolute. There are lots of exceptions to the rule, such as the one I opened with. Have you asked your GP why he/she discussed your case without your consent? Your doc may have merely forgotten himself/herself and let it slip out, or he/she may have had quite a good reason for discussing your details with your family, without waiting for you to give permission.
Other than your country, you give no clues about your situation. If you are a child, you have no grounds for complaint whatsoever, if the "family members" are your parents or other guardians. If you are an adult, and you specifically asked your GP not to discuss your case even with your spouse or family, then you have almost certainly have grounds for a malpractice suit.
Anywhere in between these two extremes, and you need the advice of a good solicitor. Make very very sure, *before* you take this road, that the nature of the doc's breach of confidence (and whatever damage was done to you as a result) is enough to justify pursuing an expensive and time-consuming attempt at recourse under the law.
Start by investigating whether there are any state or federal statutes specifically allowing doctors to "presume consent is given" to discuss a patient's medical case with family members; and which family relationships are included; and under what circumstances the patient's medical details can be discussed with the family.
Remember also that in most nations, including Australia, doctors are allowed to consult other doctors over any patient's case details, and of course they cannot do that if the details have to stay absolutely confidential. And anyone who deals with processing the payments for your medical care, including all the clerks working in public-health-care agencies and insurance companies, will have to have access to the details of your condition, too, which happens without your specific consent if you are unconscious or otherwise incapable of giving consent. Plus, if you have any close family members working in the health industry, .....
I hope this helps. And I hope that whatever damaging consequences have come out of this are mild and temporary. Good luck!
gildersleeve
New member
My husband's doctor discussed many details of my husband's case with me, without my husband giving his consent. My husband actually had no problem with this. Of course, he was in a medically-induced coma at the time ....
But he didn't mind, even after he was fully out of the coma. :-D
OK, seriously: the laws governing doctor-patient confidentiality are NOT absolute. There are lots of exceptions to the rule, such as the one I opened with. Have you asked your GP why he/she discussed your case without your consent? Your doc may have merely forgotten himself/herself and let it slip out, or he/she may have had quite a good reason for discussing your details with your family, without waiting for you to give permission.
Other than your country, you give no clues about your situation. If you are a child, you have no grounds for complaint whatsoever, if the "family members" are your parents or other guardians. If you are an adult, and you specifically asked your GP not to discuss your case even with your spouse or family, then you have almost certainly have grounds for a malpractice suit.
Anywhere in between these two extremes, and you need the advice of a good solicitor. Make very very sure, *before* you take this road, that the nature of the doc's breach of confidence (and whatever damage was done to you as a result) is enough to justify pursuing an expensive and time-consuming attempt at recourse under the law.
Start by investigating whether there are any state or federal statutes specifically allowing doctors to "presume consent is given" to discuss a patient's medical case with family members; and which family relationships are included; and under what circumstances the patient's medical details can be discussed with the family.
Remember also that in most nations, including Australia, doctors are allowed to consult other doctors over any patient's case details, and of course they cannot do that if the details have to stay absolutely confidential. And anyone who deals with processing the payments for your medical care, including all the clerks working in public-health-care agencies and insurance companies, will have to have access to the details of your condition, too, which happens without your specific consent if you are unconscious or otherwise incapable of giving consent. Plus, if you have any close family members working in the health industry, .....
I hope this helps. And I hope that whatever damaging consequences have come out of this are mild and temporary. Good luck!
But he didn't mind, even after he was fully out of the coma. :-D
OK, seriously: the laws governing doctor-patient confidentiality are NOT absolute. There are lots of exceptions to the rule, such as the one I opened with. Have you asked your GP why he/she discussed your case without your consent? Your doc may have merely forgotten himself/herself and let it slip out, or he/she may have had quite a good reason for discussing your details with your family, without waiting for you to give permission.
Other than your country, you give no clues about your situation. If you are a child, you have no grounds for complaint whatsoever, if the "family members" are your parents or other guardians. If you are an adult, and you specifically asked your GP not to discuss your case even with your spouse or family, then you have almost certainly have grounds for a malpractice suit.
Anywhere in between these two extremes, and you need the advice of a good solicitor. Make very very sure, *before* you take this road, that the nature of the doc's breach of confidence (and whatever damage was done to you as a result) is enough to justify pursuing an expensive and time-consuming attempt at recourse under the law.
Start by investigating whether there are any state or federal statutes specifically allowing doctors to "presume consent is given" to discuss a patient's medical case with family members; and which family relationships are included; and under what circumstances the patient's medical details can be discussed with the family.
Remember also that in most nations, including Australia, doctors are allowed to consult other doctors over any patient's case details, and of course they cannot do that if the details have to stay absolutely confidential. And anyone who deals with processing the payments for your medical care, including all the clerks working in public-health-care agencies and insurance companies, will have to have access to the details of your condition, too, which happens without your specific consent if you are unconscious or otherwise incapable of giving consent. Plus, if you have any close family members working in the health industry, .....
I hope this helps. And I hope that whatever damaging consequences have come out of this are mild and temporary. Good luck!