Going to the doctor often requires telling someone information you would never share with a stranger. You might discuss your physical health, family history, sexual health, substance use, or other deeply personal subjects. 

Patients need to know that this information will be handled appropriately. Doctor-patient confidentiality helps provide that protection. Ohio law recognizes protections for communications between patients and medical professionals. 

Ohio also recognizes a civil claim in certain circumstances when medical information is disclosed without authorization or legal justification. 

What Is Doctor-Patient Confidentiality? 

Doctor-patient confidentiality is the principle that private medical information learned through the treatment relationship should not be shared with outsiders. 

Think about a routine doctor’s appointment. You tell your doctor about the symptoms you have been experiencing. The physician examines you, orders lab work, diagnoses a condition, and records that information in a chart. You generally expect that information to remain private except when disclosure is authorized or otherwise permitted or required by law. 

Ohio law protects communications between patients and physicians, advanced practice registered nurses, and dentists. Generally, these professionals may not use or disclose protected health information without valid authorization unless federal or state law permits or requires the disclosure. 

What Information Is Protected?

Medical privacy extends far beyond the words you speak during an examination. Confidential medical information can include information about a person’s physical or mental health, medical history, treatment, diagnoses, and care, whether that information appears in medical records, electronic records, test results, or other forms.

Confidential medical information can include things such as: 

  • Diagnoses 
  • Medical histories 
  • Test and laboratory results 
  • Prescription information 
  • Mental health information 
  • Treatment plans 
  • Surgical records 
  • Physician notes 
  • Imaging results 
  • Information disclosed during appointments 
  • Billing information containing health information 
  • Electronic health records 
  • Information concerning past medical conditions 

Even the fact that someone received particular medical treatment can sometimes reveal sensitive information. 

Why Is Doctor-Patient Confidentiality Important? 

Privacy is important. Still, medical confidentiality serves a practical purpose. Doctors need accurate information to provide appropriate care. Patients may be less willing to discuss embarrassing symptoms, mental health concerns, substance use, sexual history, or other sensitive issues if those conversations might be shared with outsiders. 

Confidentiality encourages openness. It also protects a person’s ability to control sensitive information about their own life. You should remember that confidentiality is strongly protected, but is not absolute. 

When Can Medical Information Be Disclosed? 

Not every disclosure of medical information is wrongful. A patient can authorize disclosure. For example, you might sign an authorization allowing your medical records to be sent to another doctor or to an attorney representing you. 

Other disclosures can occur without the patient’s prior authorization when the law requires it. 

What Is a Breach of Doctor-Patient Confidentiality? 

A breach can occur when confidential medical information is improperly revealed to someone who was not entitled to receive it. Sometimes that happens intentionally. A healthcare worker might look up someone’s records without a legitimate reason and tell another person what they found. 

Other breaches can result from poor practices. Medical information might be sent to the wrong recipient, discussed with unauthorized people, or made accessible because appropriate privacy safeguards were not followed. 

Potential examples include: 

  • Sending medical records to the wrong person 
  • Discussing a patient’s diagnosis with unauthorized people 
  • Improperly sharing information with an employer 
  • Leaving protected information accessible to unauthorized people 
  • Sharing confidential information for purposes unrelated to treatment 

Whether any particular incident creates legal liability depends on the facts and the law governing the disclosure. 

What Damages Can You Recover for a Breach of Confidentiality? 

Damages depend heavily on what happened and what harm the disclosure actually caused. Some disclosures cause limited consequences. Others can be devastating. 

Imagine that highly sensitive medical information is improperly disclosed to an employer, coworker, or family member. That person might experience emotional distress, embarrassment, damage to relationships, or measurable economic damages

Depending on the claim and evidence, damages may include: 

  • Financial losses resulting from the disclosure 
  • Costs reasonably incurred because of the breach 
  • Emotional distress or mental anguish 
  • Harm associated with the loss of confidentiality 
  • Other compensable injuries under Ohio law

The amount cannot be determined simply by asking how many pages of records were released. Context matters. A single unauthorized disclosure of sensitive information could have more serious consequences. 

Contact Mani Ellis & Layne Accident & Injury Lawyers To Schedule a Free Consultation With a Columbus Medical Malpractice Attorney

Your medical history should be private. Doctors and hospitals should not disclose your information. When confidential information is released without authorization in Ohio, you may have legal rights. If you believe your information was improperly shared, you can seek legal help. 

Contact Mani Ellis & Layne Accident & Injury Lawyers for a free consultation with a Columbus medical malpractice lawyer. We will investigate the disclosure, explain your rights, and help you pursue all available compensation. 

We proudly serve clients throughout Franklin County from our Columbus, OH, office and throughout Kanawha County from our Charleston, WV, office.

Mani Ellis & Layne Accident & Injury Lawyers – Columbus, OH Office
20 E Broad St Suite 1000, Columbus, OH 43215
(614) 587-8423
Find us with our GeoCoordinates: 39.96270905583009, -82.99956356191063

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Mani Ellis & Layne Accident & Injury Lawyers – Charleston, WV Office
10 Hale St Suite 501, Charleston, WV 25301
(304) 720-1000
Find us with our GeoCoordinates: 38.348382927211865, -81.635109451865

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About the Author

About the Author Jon Mani

Jon Mani is a founding partner and personal injury attorney at Mani Ellis & Layne Accident & Injury Lawyers. With over 20 years of experience representing injured individuals in West Virginia and Ohio, Jon focuses on complex cases involving car accidents, truck accidents, nursing home abuse, catastrophic injuries, medical malpractice, and wrongful death. He is known for his strategic, hands-on approach to litigation and has held leadership roles within the legal community, including serving as President of the West Virginia Association for Justice. Click here to see some of the firm’s most notable case results.

Locations: Charleston, WV, and Columbus, OH
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