The legal implications of healthcare communications: What every pain physician needs to know

Accurate and sensitive communication of health care information is essentia l to effective patient management in the pain clinic, operating room, other health care settings. However, information relating to the health care sta tus of a patient is sensitive and may be embarrassing or damaging if it fal ls into the wrong hands. Ethical cannons of medicine and statutory provisio ns have emphasized the obligation of the physician to safeguard patient con fidences. However, threats to the confidentiality of medical information ab ound and are even more significant in our age of instantaneous communicatio n characterized by the growing use of email, facsimile, and the Internet. T his article outlines legal issues relating to communication in three key ar eas of health care law: confidentiality/breach of privacy, informed consent , and defamation. The major principles of the law in these areas are discus sed and case studies are used to illustrate key points and give simple prev entive strategies to help steer the delicate balance between sharing import ant healthcare information and protecting sensitive patient information.