DarkIrishM
Mar 24, 2009, 08:11 AM
[F]
If a non medical person working in a doctors office becomes privy to personal medical information and then gossips about it, to other non medical people, what can happen? For example, a person who has had a history of psychological problems, or a person who has or ever had an STD, or a person who has, or ever had a substance abuse problem.
If the office worker comes in contact with information that could stigmatize a person, and if the office worker spreads the information, not for purposes of self protection.
If the office worker shares that information with others who could then ostracize that person, does the patient have any recourse? Can the gossiper be penalized? What are the consequences and can the victim/patient whose privacy has been compromised, take action to punish the office workers for this, either in civil or criminal court?
The reason for my question:
An HIV positive man in South Carolina overhears two clerks working at the dentist office talking about another patient, saying, "well, he has HIV." The man fears being ostracized in his community, and then avoids treatment for a cavity, and endures years of physical pain, rather than openly admitting his medical condition and receiving medical/dental treatment. The clerks are clearly not at risk for HIV infection, because of their dealings with this HIV positive person. They don't come in contact with blood or bodily fluids, so their gossip is not for self protection from the possibility of transmission.
Even if non medical workers sign a confidentiality agreement, and break the confidence, what, if anything happens?
If the non medical worker breaks the confidence in a non office environment (eg. Two people having drinks at a bar, and the information is overheard by others?)
Do Pharmacists,Pharmacy clerks/technicians sign confidentiality agreements? Does the cashier who rings up a prescription for medication known to treat a specific condition for which a person could be ostracized, or stigmatized, shamed judged or embarrassed, does that pharmacy tech or cashier, have an obligation to keep the confidence? If they betray the confidence, what could happen to the clerk or pharmacy tech, or pharmacists? Can the victim (the patient seeking treatment) seek damages?
If a non medical person working in a doctors office becomes privy to personal medical information and then gossips about it, to other non medical people, what can happen? For example, a person who has had a history of psychological problems, or a person who has or ever had an STD, or a person who has, or ever had a substance abuse problem.
If the office worker comes in contact with information that could stigmatize a person, and if the office worker spreads the information, not for purposes of self protection.
If the office worker shares that information with others who could then ostracize that person, does the patient have any recourse? Can the gossiper be penalized? What are the consequences and can the victim/patient whose privacy has been compromised, take action to punish the office workers for this, either in civil or criminal court?
The reason for my question:
An HIV positive man in South Carolina overhears two clerks working at the dentist office talking about another patient, saying, "well, he has HIV." The man fears being ostracized in his community, and then avoids treatment for a cavity, and endures years of physical pain, rather than openly admitting his medical condition and receiving medical/dental treatment. The clerks are clearly not at risk for HIV infection, because of their dealings with this HIV positive person. They don't come in contact with blood or bodily fluids, so their gossip is not for self protection from the possibility of transmission.
Even if non medical workers sign a confidentiality agreement, and break the confidence, what, if anything happens?
If the non medical worker breaks the confidence in a non office environment (eg. Two people having drinks at a bar, and the information is overheard by others?)
Do Pharmacists,Pharmacy clerks/technicians sign confidentiality agreements? Does the cashier who rings up a prescription for medication known to treat a specific condition for which a person could be ostracized, or stigmatized, shamed judged or embarrassed, does that pharmacy tech or cashier, have an obligation to keep the confidence? If they betray the confidence, what could happen to the clerk or pharmacy tech, or pharmacists? Can the victim (the patient seeking treatment) seek damages?