Question

Sanjay has a patient who has just been diagnosed with leukemia. His patient is determined to fight the illness but also discloses to Sanjay that she is in the middle of a messy divorce. Her husband is fighting to take custody of the children. She asks Sanjay what might happen if he were called to court to testify about her leukemia. What would most likely be Sanjay's response?

1) Sanjay would assure her that he would only disclose the information if he was forced to testify in court.
2) Sanjay would tell her that there is no way he could keep the information about her leukemia from the court.
3) Sanjay would assure her that her medical information is privileged communication and thus he cannot discuss it without her permission.
4) Sanjay would ask her to sign a form stating that he is unable to divulge information about her health to anyone.

Answer 1

Sanjay would assure his patient that her medical information is protected under patient-doctor confidentiality and cannot be disclosed without her permission, in accordance with privacy laws like HIPAA, unless a court order specifically requires it.

Step-by-step explanation:

If Sanjay were called to court to testify about her leukemia, he would most likely assure her that her medical information is protected under patient-doctor confidentiality. According to medical ethics and privacy laws like the Health Insurance Portability and Accountability Act (HIPAA), Sanjay cannot disclose her medical information without her permission, except in certain situations where disclosure is required by law. However, in a divorce proceeding, unless the information about her health is deemed directly relevant to the case and a court order is issued, Sanjay would typically be expected to protect her medical privacy. If he's subpoenaed, the specifics of the situation—like the jurisdiction and the precise legal circumstances—would greatly influence the degree to which her medical information could be protected. He could also seek guidance from a legal advisor to ensure compliance with the law while maintaining the patient's privacy rights as much as possible.