Physician-Patient Privilege in Wrongful Death Cases | Romanucci & Blandin
Physician-patient privilege is usually a complication in wrongful death cases. If a patient does not waive the privilege, the confidentiality between the doctor and patient is enforced. In cases where the patient dies and did not waive the confidentiality agreement, the privilege may still hold. If access to medical records is denied, it can be extremely challenging to prove wrongful death. RB Law has wrongful death attorneys who have the necessary experience and skills set to help you your wrongful death case.
Patients receive a great deal of protection from public scrutiny because of the doctor-patient privilege. However, their medical information may be vital in a wrongful death lawsuit if the patient passes away. Each state has their own laws regarding who can waive the doctor-patient privilege on behalf of the decedent. Most states allow a personal representative for the decedent to waive the confidentiality. This is typically a spouse, parent or child. To avoid medical malpractice suits, physicians and hospitals often argue waiving the privilege.