What are the consequences if a doctor violates confidentiality?
April 14, 2022 | 50,00 EUR | answered by Thomas Eiserfelder
Dear Medical Law Attorney,
I am reaching out to you because I recently learned that my doctor may have breached my confidentiality. I feel very unsettled in this situation and I am wondering what consequences a doctor actually faces if they violate confidentiality.
The background information of my case is as follows: I shared confidential information with my doctor during a medical treatment. Now, I have learned that this information may have been disclosed to third parties without my consent. This has left me very unsettled and I am concerned about my privacy and rights as a patient.
My question to you as an expert in medical law is therefore: What are the consequences for a doctor who breaches confidentiality? Are there legal regulations that govern the handling of confidential patient information? What steps can I take as a patient in such a case to protect my rights and initiate possible legal action against the doctor?
I thank you in advance for your support and advice in this matter.
Sincerely,
Louis Krause
Dear Mr. Krause,
I would like to emphasize that it is understandable that you feel uncertain in such a situation. As a medical law attorney, I understand your concerns about your privacy and rights as a patient. In response to your question regarding the consequences for a doctor who breaches patient confidentiality, I would be happy to provide you with comprehensive information.
In principle, every doctor is subject to patient confidentiality, which is regulated in § 203 of the German Criminal Code. This confidentiality applies to all healthcare professionals and protects the confidentiality of information disclosed during medical treatment. Breaching patient confidentiality can have both criminal and civil consequences for a doctor.
In criminal law, a breach of patient confidentiality under § 203 of the German Criminal Code can result in a fine or imprisonment. Additionally, the affected patient can claim damages if they have suffered harm as a result of confidential information being disclosed. This could include loss of employment or financial loss.
As a patient, you have various options to protect your rights and take legal action against the doctor. Initially, you should address the doctor directly about the potential breach of patient confidentiality and request clarification. If the doctor does not provide a satisfactory response or if you continue to have doubts, you can contact the relevant medical association or a medical law attorney.
An attorney can assist you in asserting your claims and, if necessary, initiating legal action against the doctor. This may involve enforcing claims for damages or initiating disciplinary proceedings against the doctor in question.
In conclusion, I would like to emphasize that maintaining patient confidentiality in healthcare is crucial to preserving the trust between doctor and patient. If you have any further questions or require legal assistance, I am at your disposal.
Sincerely,
Thomas Eiserfelder
Medical Law Attorney
