Peoria, IL asked in Medical Malpractice for Illinois

Q: Is it considered medical malpractice if a doctor gave my records to my husband but i didn't want him to?

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1 Lawyer Answer
T. J. Jesky
T. J. Jesky
  • Medical Malpractice Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Unless you filled out a "Medical Power of Attorney” and a Health Insurance Privacy Protection Act ("HIPPA") waiver, a spouse (or even the parent of a child over 18 years old) does not have an automatic right to see your medical records.

That being said, a doctor may discuss a patient's condition with family, relatives, and friends that the patient identifies as being involved in their healthcare (unless the patient objects). And, if a doctor thinks their patient's mental state will cause them to be a danger to themselves or others, they may report this in order to prevent harm to others.

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