Doctors have long recognized the need to maintain patient confidences and, for many decades, state statutes have made this a legal requirement. Recently implemented federal regulations - including the HIPAA Privacy regulations - now set a floor of privacy protections that all states must meet. In some instances individual statutes may exceed these federal requirements.
Medical Protective has long covered many alleged breaches of patient privacy rights. In order to be covered, this type of claim - like any other claim - must involve a doctor rendering professional health care services. In addition, the doctor's alleged breach of the patient's privacy rights must have been negligent and not involve a willful or criminal act - again, using the same yardstick which applies to all other claims.
Every lawsuit is unique and other factors may impact coverage of individual claims. However, regardless of whether HIPAA or some other privacy statute is involved, if a doctor treats a patient and negligently discloses patient information, Medical Protective's policy will likely provide coverage.
Here are some examples, which may help determine whether coverage is available:
- Jeff receives treatment from Dr. Young for an opportunistic infection resulting from HIV infection. Dr. Young's staff inadvertently leaves Jeff's medical chart on the counter after he paid his bill. Forty-five minutes later Susan, another patient who is Jeff?s neighbor, reads the chart while waiting to pay her bill. Susan reports Jeff's HIV status to the apartment manager who terminates Jeff's lease. Medical Protective will likely defend and indemnify Dr. Young in a suit brought against her for breach of privacy by Jeff.
- Late in the day Dr. Olde review Sherry's medical records forwarded to him by previous treating physicians and learns that Sherry terminated a pregnancy four years before she became his patient. This disturbs Dr. Olde because he believes terminating a pregnancy is wrong. Hurrying off to a committee meeting at his church, Dr. Olde runs into Al - a member of the same committee who is Sherry's supervisor. Dr. Olde reveals Sherry's medical history to Al, who is also deeply offended. The next day, Al fires Sherry. Medical Protective will likely defend Dr. Olde in a suit brought against him by Sherry for breach of privacy, but may not pay damages if Dr. Olde's actions were intentional.
- For several months Dr. Patrick treats Chris for depression without success. Concluding Chris needs to take time off from work. Dr. Patrick sends a copy of Chris?s medical records to his employer so Chris can qualify for a medical leave. Calling Chris into his office, Chris's supervisor tells him, "Your doctor says you're crazy so I'll give you the time off - but I'm not going to pay you the bonus I promised." Medical Protective will likely defend and indemnify Dr. Patrick in a suit brought for breach of privacy against him by Chris.
These are only a few examples of the many situations that could involve allegations that a doctor breached a patient's privacy rights - under HIPAA or other applicable law. However, if you have questions about coverage, please contact a claims, marketing, or underwriting professional at Medical Protective.