FAQ - Health Care Provider - Patient Privilege
A healthcare provider is subject to rules of evidence regarding disclosure of patient’s health information. In all cases, a patient may prevent confidential communications made for the purpose of advice, diagnosis, or treatment between a patient and his representative and a healthcare provider and her representative (representatives include nurses and administrative staff of the healthcare provider).
The exceptions to this rule are:
When the communication is with regard to a personal injury claim.
When the communication is regarding a deceased patient in a wrongful death, survivorship, or workers compensation claim brought or asserted as a consequence of the death or injury of the patient.
When the communication is relied upon by the patient as a claim or defense.
When the condition has substantial bearing on the fitness of the patient in a custody or visitation proceeding.
When the communication has been used to commit a crime or fraud.
When the communication was made a part of a court-ordered examination.
In an interdiction or commitment proceeding if the communication was made to a current healthcare provider and the patient has refused to submit to a court-ordered evaluation.
When the communication is used as part of a peer-review committee or disciplinary body proceeding regarding professional standards.
When the communication is the BAC or drug testing results in an action for injury, death, or loss against the patient.
When disclosure is necessary to defend the healthcare provider against a malpractice claim by the patient.
When the communication is regarding issues of child abuse, elder abuse, or abuse of a victim with disabilities or who is incompetent.
After the patient’s death regarding the patient’s capacity to contract.
Regarding contesting the patient’s testament after his death.
In criminal cases, the healthcare provider records protected by this statute include those of psychotherapists, and there are additional exceptions:
If the communication is relevant to a health condition that is relied upon as a defense.
If the communication was used to perpetrate a crime or fraud.
If the communication was part of a court-ordered examination.
If the communication is the BAC or drug test results when the patient was under arrest or subsequently arrested.
If the communication was a tangible object removed from the body of a patient and in the patient’s body because of a crime charged (for example: a bullet).
If the communication was regarding child abuse, elder abuse, abuse of persons with disabilities or incompetent.
If you have questions about what healthcare provider-patient privileges might apply in your case, give us a call at (318) 459-9111 to set up a consult.