by Michael J. Sacopulos, Esq.
A recent case from Missouri highlights the importance of keeping patient’s medical information confidential — even from that patient’s family members. A 23 year old female sustained injuries to her right arm. While being treated for these injuries, a patient alleges that a nurse informed the patient’s brother and aunt of her being HIV-positive. The patient went on to state that the same nurse announced her HIV status in a hospital corridor while transporting her from the surgical recovery room to her hospital room.
The case ultimately went to trial. The jury returned a decision in favor of the defendants. The patient then appealed to the Missouri Court of Appeals. The appeal centered around the exclusion of a different nurse’s testimony. The excluded testimony would have stated that the excluded nurse had witnessed other nurses at Heartland Regional Medical Center openly discussing confidential patient information. For procedural rules, the Missouri Court of Appeals found that the plaintiffs’ argument had not been properly preserved for the appeal. Thus, the plaintiffs/patient’s appeal was denied.
Although this case ultimately was decided in favor of the healthcare providers, it serves as a warning to keep patient information confidential. While there may be a general assumption that a patient’s family members visiting the patient in a hospital setting already know (or should be entitled to know) some of the patient’s confidential medical information, this assumption is false. Just because a patient’s sibling is bedside, a health care provider does not have permission to discuss the patient’s confidential information with anyone other than the patient.
The safest course of action is to have the patient approve of the information provided to friends and family. In situations where the patient has not expressly signed a Durable Power of Healthcare Attorney or signed documents permitting the disclosure of healthcare information, a healthcare provider can simply ask that patient if consent is given to share information with the friends and relatives present. If oral consent is given, this should be noted in the patient’s chart. A little preparation and discretion will go a long way in avoiding a patient claim for breach of privacy.
Michael Sacopulos is General Counsel of Medical Justice and a partner in Sacopulos Johnson & Sacopulos, Attorneys at Law
In the above referenc case,the fact does no change that patient has HIV. hen the healthcare workers such as Doctors,urses,Lab. Techs, X-ray techs, & other allied healthcare workers work o the patient,they should be completely aware of patent’s current health status.In the hospital environment, or enen in private office, sometimes it is not feasible to go to the patient’s history & read it thoroughly befoe you take care of the patient. What is wrong f the all the healthcare workers working on that patient share patient’s informaion verbaly? Consider this scenerio, The paient has HIV, one of the healthcare workers forges to check h history & contracts HIV while drawing the blood,& later comes to know.Firs of l, his life is ruined & secondly, he will be angry enough to sue th doctors,hospital & anybody who is concerned, in great desperation.If patient’s own family, without knowin that patient has HIV, try to help the patient & soehow contract HIV,will it be fair to them? all this for preserving patient’s ights & confidentiality? Of course, nobody should announce on Grand central station about patient’s HIV status, but if people related in patient’s healthcare,tell each other, then, I don’t think it is creatingany harm to the patient. In fact, people involved, would be better protected.We need to put sensible thoughts in practice & as a healthcare provider, I personally feel, Lawyers should not be making decisions in this issue.Of course, abuseof patient’ information must be prevented.So, there should be a way, wherein we could achieve both.
Dr. D., if health care workers are following proper procedures, there should be no risk. NO ONE should EVER presume anyone is HIV-negative. The same procedures that protect against HIV also protect against several other potential infections. So, you see, there is no need to go announcing the patient’s status. While I agree that the root of the problem is social stigma IN THIS CASE, it would be no different if the patient had a type of cancer and didn’t want some family members to know (for whatever reason.) It’s still confidential information, and discretion is in order.
Universal precautions is really the answer here. Assume everyone is positive and take the necessary precautions with all procedures.