Breaking Physician-Patient Privileges in Wrongful Death Cases
What is at physician patient privilege and how does it impact a wrongful death case?
All states adhere to laws on maintaining a patient’s medical privacy. The physician patient privilege protects patients’ confidentiality by mandating that a physician must get approval to release a patient’s medical files. Amid a wrongful death suit, when attorney needs to review the medical record to prepare and prove the case, obtaining medical evidence become mission critical.
Physician patient privileges are often a major issue in wrongful death lawsuits. Doctors are unauthorized to release medical records without the consent of the patient or the person who passed away. As with any law, there are exceptions. Certain states allow the right to waive the physician patient privilege for the following individuals:
- The next of kin
- A surviving spouse
- A personal representative of the decedent
In a wrongful death case, the physician-patient privilege quandary protects the confidentiality of the deceaseds’ medical records and does not expire upon the decedent’s death. At the same token, many physicians and hospitals prefer not to provide lawyers with copies of their medical files.
