Can I sue a doctor for a breach of confidentiality if I told her I had 3 beer 6 hours previous to seeing her and she called the police on me?

UPDATED: May 30, 2012

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Can I sue a doctor for a breach of confidentiality if I told her I had 3 beer 6 hours previous to seeing her and she called the police on me?

I got off from work at 8 am and I had 3 beers and went to bed at 10am, I got up at 3 pm to get ready for my 4pm appointment for an infection on my foot, the doctor asked me if I was drinking and I told her about my routine that morning, she then ordered an X-ray (which she said wasn’t necessary when I first got there), then preceded to call the police because I drove there. She had little concern for my foot, which I had to go to the ER 2 days later. I was totally humiliated. I showed no signs of intoxication, if anything I was tired and in pain.

Asked on May 30, 2012 under Malpractice Law, Nevada


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue your treating physician for calling the police on you where you supposedly had too much to drink before you drove.

However, from what you have written, the chances of you prevailing with respect to liabilty and damages seems remote. The reason is that although there may have been a doctor patient privilege, the privilege ends when it comes to the point where the patient might end up hurting someone through his or her actions.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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