CanI file against a doctor for showing my medical record to someone without authorization?

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CanI file against a doctor for showing my medical record to someone without authorization?

A doctor took my medical record into another patient’s room, opened it and let him see what was inside. He asked if the patient knew me. The patient had no authorization to any of my personal information in the first place. I am wondering if there is something that I can do about it?

Asked on January 15, 2012 under Malpractice Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can file a complaint with the state agency/office which licenses doctors--what this doctor did would seem to be a breach of a doctor's professional and ethical obligations.

Unless you suffered some loss or damage due to this action--for example, the other patient misused personal information in the file to cost you a job, to steal your identify, etc.--then you could not sue; for a lawsuit, there must be not only some wrongful act, but some loss or damages, since the legal system only provides compensation for actual losses, not merely possible ones.


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