Assume you are the office manager for a medical practice in a small town. An insurance claims assistant leaves a completed insurance report on her desk in plain view, and a clinic visitor reads it. The visitor knows the patient listed on the insurance form and tells mutual friends of the patient’s treatment. The patient threatens to sue the clinic for breach of confidentiality. Does she have a standing to sue? As the office manager, what will you do?
Yes, the patient has a standing to sue for breach of confidentiality. You must document the incident, and you can and should apologize to the patient, but the fact remains that a breach of confidentiality occurred.
You are called to give fact testimony in a medical malpractice lawsuit against your physician employer. Will you give your opinion of the facts relevant to the case? Explain your answer.
As a fact witness and not an expert witness, you can testify about facts, but you will not be asked to give your opinion of the facts.
