CONFIDENTIALITY IN THE DOCTOR-PATIENT RELATIONSHIP
Part 1 of this research paper traces the historical development of the doctor-patient relationship and its current status. Part 2 compares and discusses the differences between medical and legal duties with respect to doctor-patient and attorney-client relationships. Part 3 goes into more detail on doctor-patient and attorney-client privileges.
Over the past century, the legal protection afforded patients and others, which is centered largely around the confidentiality of the doctor-patient relationship, has been substantially enlarged under state common law, various state and federal statutes and the expansion of a controversial constitutional right of privacy. However, the confidentiality of the doctor-patient relationship is hedged about with various limitations and exceptions which are far from uniform. Today, the protection of the privacy of patient communications and other medical records does not appear to be adequate to respond to the intrusive effects of modern technology and the dilemmas they pose in balancing the rights of individuals and societal needs.
Historical Development of Doctor-Patient Confidentiality
The origins of the ethical responsibility of doctors to respect the confidentiality of medical facts they learn from their patients dates back to the oath of Hippocrates in about 400 B.C.: "What I may see or hear in the course of the treatment or even outside of the treatment in regard to the life of men, which on no account one must spread abroad, I will keep to myself holding such things too shameful to be spoken about." However, the confidentiality of the doctor-patient relationship was not recognized at common law in England nor in the United States until the 20th century. Doctor-patient confidentiality encompasses: (1) the testimonial privilege of the patient to prevent confidential communications from being disclosed in legal proceedings; and (...