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?

Related Topics:
1 Lawyer Answer
T. J. Jesky
T. J. Jesky
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.