Patients Right to Privacy and Confidentiality

Privacy and confidentiality are sensitive matters for patients. Violation and breach of either or both can become a medical malpractice legal issue.

Privacy is a person’s right to be left alone. For instance, a woman granted consent to her physician to check her HLA type for a laboratory study. Human Leukocyte Antigen (HLA) typing refers to special blood tests that determine whether a donor is suitable for a stem cell transplant.

Years later, a hospital staff member develops leukemia and requires a blood marrow transplant. He searches hospital records and finds this woman who is the right match for him. He contacts the woman repeatedly, and in spite of her disinterest requests her to donate blood marrow.

Eventually the woman sues the hospital administrator for invasion of privacy -- and wins.