Breaking the silence

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In general, the right of confidentiality belongs to the client, and you can't release information about your client or the care of a patient until your client provides written authorization or waives that right, says Dr. John Scott, attorney.

In general, the right of confidentiality belongs to the client, and you can't release information about your client or the care of a patient until your client provides written authorization or waives that right, says Dr. John Scott, attorney. But, Dr. Scott says, there are a few times when you'll have to open your files:

  • If you or your client files a civil or criminal proceeding. "The right of confidentiality can't be used as a shield by either the veterinarian or the client," Dr. Scott says. So, for example, if a client sues you, you can't withhold information under the guise of confidentiality. In the same vein, if you bring suit against a client who doesn't pay, then the client can't refuse to release the records that prove the fee is due and reasonable, he says.

  • If a state veterinary board is conducting an investigation into your actions.

  • If the information is requested by a public, animal health, animal welfare, wildlife, or agricultural authority employed by a government agency. Of course, the requesting party must have a legitimate reason for needing the information that relates to the protection of animal and public health.

One more point: If you release information under a court order or by waiver of the client, you won't be vulnerable to any civil action, Dr. Scott says. But if you or a staff member release information outside of these circumstances, you could be at risk. So be sure your staff members also understand the rules of confidentiality.

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