On April 30th, the American Medical Associations News site published an article titled “Doctors can risk lawsuits when writing about patients.” The article points out that doctors are generally aware of the Health Insurance Portability and Accountability Act (HIPAA) requirements, but may not take into account the privacy laws that control publishing. The publication of a non-fiction book, a medical journal or even a blog post can raise claims of defamation, breach of privacy or violation of publicity rights. MBBP Attorney Howard Zaharoff had this to say:
Especially in the post-HIPAA era, medical professionals — doctors in particular — have both ethical and legal duties to maintain the confidentiality of their patients. Whatever they write, [doctors] have to find a way to do it without giving away the identities of the patients they’re writing about.
For the full article, please visit American Medical News.
For questions regarding privacy laws, please contact Howard Zaharoff.