Mary Smith has been a patient of Dr Williams from 1985 to th

Mary Smith has been a patient of Dr. Williams from 1985 to the present time. During that time, she has had three children and been treated for a variety of conditions, including depression in 1986 and herpes in 1990. Mary and her husband, George, have filed for divorce. George wants custody of the children and is claiming that Mary has a medical condition that makes her an unfit mother. An attorney, acting on George’s behalf in the divorce proceedings, has obtained a subpoena for Mary’s medical records for the years 1995 to the present. Dr. Williams’s assistant, who is a medical records technician, copies Mary’s entire medical record from 1985 to the present and sends it to the attorney.

• What negative effects for Mary might this error cause?

• Is there a violation of confidentiality? Why or why not?

• Do you believe that this is a common or uncommon error?

• Was it appropriate for the assistant to make a copy of any part of Mary’s medical record?

Solution

. Disclosure of entire medical history of mary can proove her unfit mother as she is suffering from diseases such depression. This can be a big help for attorny of opposite site and he may even win.
. Yes, the assistant should not make the copy of her entire medical history without her permission as the attorny of opposite side can make any advantage out of it.
. This is a common error.
. No, it was not appropriate to make the copy of her records as only the specified records should be disclosed.