Law & Medicine: Internet Liability

Privacy and Confidentiality

Privacy and confidentiality issues cover all aspects of medical communication, including e-mail and other Internet interactions. In addition to civil suits by the aggrieved patient and/or family members, the federal Health Insurance Portability and Accountability Act imposes both civil and criminal liabilities on the health care provider who is found in violation of written standards, so conscientious adherence to privacy guidelines and procedures is paramount. Take e-mail messaging as an example. It is not as secure as one would like to believe, and doctors who use this form of communication are obligated to take all means to safeguard patient privacy and confidentiality, including the avoidance of an unauthenticated, nonencrypted, nonsecure communication network.

Dr. Tan is a former professor of medicine and adjunct professor of law at the University of Hawaii. This article is meant to be educational and does not constitute medical, ethical, or legal advice. It is adapted from the author’s book, "Medical Malpractice: Understanding the Law, Managing the Risk" (Hackensack, N.J.:World Scientific Publishing Co.,2006). Readers may contact the author at siang@hawaii.edu.