Colorado Personal Injury Lawyer Blog
Physician-patient privilege is a legal doctrine that protects the confidentiality of communications between a patient and their healthcare provider. This privilege is essential for building trust and ensuring that patients feel comfortable discussing their medical concerns openly.
Colorado’s Stance on Physician-Patient Privilege
Colorado law recognizes physician-patient privilege. This means that, generally, the patient has a right to privacy in their statements to a doctor and a healthcare provider cannot disclose information about a patient’s medical condition or treatment without the patient’s consent. However, there are exceptions to this rule.
Exceptions to Physician-Patient Privilege
In certain circumstances, the privilege may be waived or overridden. Some common exceptions include:
Patient Consent: The patient can explicitly waive the privilege, allowing their healthcare provider to disclose information.
Danger to Self or Others: If the patient poses a serious threat to themselves or others, the privilege may be waived to protect public safety.
Court Orders: A court may order the disclosure of medical information if it is deemed relevant to a legal proceeding.
Criminal Investigations: In some cases, medical records may be subpoenaed as evidence in a criminal investigation.
Child Abuse or Neglect: Healthcare providers are mandated to report suspected child abuse or neglect to the appropriate authorities.
Implications for Patients
Understanding the concept of physician-patient privilege is crucial for patients. It ensures that they can discuss their health concerns with their healthcare providers without fear of public disclosure. However, it is also important to be aware of the exceptions to the privilege and to communicate openly with your healthcare provider about any concerns you may have.
Specific Situations Where Physician-Patient Privilege Might Be Waived
Personal Injury: If a patient sues someone for injuries and their medical condition is central to the case, the privilege may be waived.
Insurance Claims: When a patient files an insurance claim based on a medical condition, their medical records may be required.
The Colorado Supreme Court has ruled supporting the non-disclosure of an injured individual’s non-incident related medical records. In Alcon v. Spicer, 113 P.3d, 735 (Colo. 2005)., the Court reaffirmed that an injured person making a claim for personal injuries does not waive their physician-patient privilege to all medical records simply by making generic claims for personal injuries in a lawsuit. The Colorado Supreme Court held that an injured individual must only disclose those medical records relating “to the cause and extent of the injuries and damages allegedly sustained as a result of the defendant’s claimed negligence.” Id.
However, the Physician-Patient Privilege for medical records related to the same or similar body parts that were claimed in a personal injury case are often waived.
Conclusion
Physician-patient privilege is a fundamental principle in healthcare. It protects patient privacy and fosters trust between patients and their healthcare providers. While there are exceptions to the privilege, it is generally a cornerstone of the doctor-patient relationship in Colorado.