Magazine article from our research archive:

Litigation and doctor-patient confidentiality.(Reports)(Case overview)

Abstract

When a patient sues a healthcare practitioner with regard to their care, the healthcare records are an important part of the evidence used in the case. litigation is usually heard in open court in the presence of the public and information contained within the records can be aired in that public forum. The issue of patient confidentiality and litigation arose in the case of Kadian v Richards [2004] NSWSC 382, which forms the basis for this report. the decision in Kadian preserves the right of patients to confidentiality of their medical records other than when a patient sues a practitioner for negligence in the delivery of health care; the loss of confidentiality ...

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