When is patient confidentiality considered breached?

Patient confidentiality is considered breached when medical information is shared without consent. This principle is fundamental to medical ethics and legal standards, which dictate that patient information must remain private unless the patient has provided explicit permission for the disclosure to occur. Sharing any medical information—be it verbally or through documentation—without the patient's knowledge or consent undermines the trust in the patient-provider relationship and violates privacy regulations such as the Health Insurance Portability and Accountability Act (HIPAA).

Subpoenas, while they do involve the release of information, typically fall under legal obligations where the process usually requires patient notification or may involve a court review to ensure that the disclosure is necessary and appropriate, thereby not constituting a breach in the same context. Similarly, sending reports to health departments, such as those related to public health concerns (e.g., communicable diseases), is often mandated by law to protect the wider community and is not considered a breach of confidentiality. Lastly, when a physician reviews patient records, this typically occurs within the confines of the healthcare team and is considered standard practice for continuity and quality of care, so long as all members involved are matter within the care team and maintain confidentiality protocols.