BeginnerSleuther
Verified Physician
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As far as I understand the law on confidentiality it goes something like this: it emerged from the laws in Church where the confessor could divulge anything to the priest and this would never be repeated.
Even today, a priest would not divulge the confession of a mass murderer, even if the consequences were dreadful. Pastors of other persuasions take confidential disclosures very seriously also.
Client/attorney privilege is as strong as that between a confessor and priest.
Medical confidentiality is almost as strong as client/attorney privilege.
The information disclosed by the patient to their doctor belongs to the physician. The physician may decide on non-consensual disclosure (very rarely). Legal advice would first be sought.
Kennedy and Grubb, the famous academic lawyers, say that the fact receptionists, secretaries, porters etc. are (of necessity) privy to some medical information this nonetheless ‘drives a coach and horses’ through the law on medical confidentiality. This is so even if such personnel promise to keep matters confidential. It is much worse when they speak to the press, quoting the physician for good measure.
This receptionist should be given a warning and more training, in my opinion.
The above pertains broadly to the English common law on confidentiality, there may be important differences in the US.
The English legal system would not allow any of this sub-judice speculation on an individual’s guilt or innocence, so the pre-trial disclosure to the press could possibly be seen as more ominous, of course.
MOO
Receptionist should be fired and never work in healthcare again. JMO. HIPAA laws are no-joke and speaking as a doctor, she broke it. If a doctor or nurse did what she did, they'd be in danger of permanently losing their license.