Wound Center Accused of Confidentiality Breach
Our firm is assisting a former patient of RestorixHealth LLC, also known as St. Mary’s Regional Wound Center, in filing a lawsuit against the company for breach of fiduciary duty and confidentiality. According to the complaint filed by Jill C. Barber, the wound center violated the West Virginia Code. The complaint was filed in the Cabell Circuit Court in February 2017.
Barber alleges that, as a result of the wound center’s negligence, she has been irreparably harmed and suffered extreme emotional distress, annoyance, aggravation, and inconvenience. According to the complaint, the wound center was responsible because it carelessly disclosed Barber’s confidential information to a third party, despite not having a court order.
Barber is requesting a jury trial and seeking compensatory and punitive damages, as well as interest, the costs associated with the lawsuit, and other relief.
Confidentiality in the Medical Industry
Patients have a reasonable expectation of confidentiality when dealing with their doctors. This relationship is governed by legal standards that are based on the idea that someone should not be afraid to seek medical treatment due to fear of the issue being disclosed to others. Patients need to feel comfortable sharing all pertinent information with their doctors in order to receive a proper diagnosis and appropriate care.
Doctors and other medical professionals are not permitted to divulge any medical information to third parties without the patient’s consent, with just a few exceptions. Issues that are covered by the doctor-patient duty of confidentiality include not only what patients tell their doctors, but also opinions and conclusions drawn by the doctor following an exam, as well as medical history, pre-existing conditions, x-rays, lab report, and so on.
If a doctor or any member of the medical staff reveals private information to a third party without patient consent, confidentiality is breached, which is in violation of the law. And if harm is caused, as is the case with Ms. Barber, the patient has a right to take action against the medical provider.
Our firm believes no patient should be forced to deal with issues related to confidentiality or breach of this duty. The law is designed to protect those who are most vulnerable in the patient-medical provider relationship – the patient – and when this duty is breached, it damages the trust that is necessary for people to receive the medical care they deserve.
If you believe you were a victim of breach of confidentiality because of the actions of your doctor or another member of a medical staff, we can help. Contact Heavens Law at 888-897-5377 to discuss your case.