Re: "Medical Records Confidentiality: Issues Affecting th

[METRA1001@aol.com]

This is all well and good, but the problem is and will remain, that in order 
to have claims paid, or to seek damages in personal injury cases, the rule of 
law presides, and under Lifshutz v CA, 1961, appealed to the Supreme Court, 
Justice Tobriner wrote "Everyman must be made to testify." That includes 
Doctors, therapists, and is now beginning to include the clergy. While 
Confidentiality seems to be assumed, Privacy was invaded in that precedent 
setting case, and in order to have insurance(s), get justice if your neck is 
broken by a reckless driver, or whatever, EVERYONE must give a full and 
COMPLETE release of any and ALL medical information to shark-like lawyers, 
and their minions, judgmental claim clerks for insurers, and the fact is, 
that is not going to ever change. 

The new medical databases will make that a bit easier, but it has been a 
cinch to invade anyone's privacy at will. Until THAT snoop/informant/spy 
mind-set is abolished, that will be the cornerstone of medical procedure in 
this nation. End of story. All the pablum and self flagellating talk of 'new 
privacy laws' are all well and good, but they mean nothing. The recent Reid 
case in Tenn lately proved that beyond a shadow of a doubt. 

Doctors may still have the Hippocratic Oath, but it still has to be waived 
for any action to proceed in court. Even if it is not the patient's fault. As 
long as that is the case, there is no medical privacy. There is no 
confidentiality. And, there is no such thing as a "cornerstone of modern 
medicine." That cornerstone was made out of clay. 

Alex 


In a message dated 4/28/99 5:11:29 PM EST, techdiff@ix.netcom.com writes:

<< For example, the Hippocratic oath states that
 "whatever in connection with my professional practice, or not in connection
 with it, I see or hear in the life of men, which ought not to be spoken of
 abroad, I will not divulge, as reckoning that all such should be kept
 secret."
 
 The ethical codes of the health care professions also embrace
 confidentiality as a major principle.[1,2] The issue has emerged as a major
 concern for American citizens, many of whom believe that the privacy of
 health care information is not protected as strongly as it should be.[3] In
 fact, many characterize confidentiality as a cornerstone of the clinical
 relationship >>