Q: By law, do patients have privacy rights?
Can a physician give out private information to a third party, such as law inforcement, beyond the obvious (not a threat to oneself or others)? In other words, can a criminal case be dismissed based on a violation of privacy on account of a physician? Personal information was given out without my consent.
A: Any such violation of your privacy rights would come under Fourth Amendment analysis. The appropriate sanction would be suppression of the evidence, not dismissal of charges. Of course, suppression of evidence can often result in the State being unable to proceed, and thus dismissal.
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