We've known for a long time that patients can leave a doctor for a new one. But in recent years we are hearing more and more about doctors who are dismissing their patients. Patients ask me frequently, "Can my doctor dismiss me? But there are also circumstances under which a doctor may not dismiss a patient. And there are specific steps a smart patient will take to either try to repair the relationship with the doctor who has attempted to dismiss her or in the process of finding a new doctor.
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Doctor-patient privilege, also known as physician-patient privilege , refers to a confidential communication between the doctor and the patient that receives protection from disclosure. The common law does not recognize doctor-patient privilege, but the privilege exists in all jurisdictions through statutory language. However, the legislatures have created many statutory exceptions to the privilege that the ability to protect confidential information has greatly diminished. The Federal Rules of Evidence Rule affords the privilege to a psychotherapist and patient relationship but contains no general doctor-patient privilege. The courts are split on how far the privilege should reach — some favor a liberal interpretation while others view that the statutory language should be given a narrow reading.
And when it does, patients need to take some moral responsibility for their actions. Any doctor caught ignoring this rule is likely to face professional sanction — including being struck off. And it may not end there. The doctor could also be charged with a sexual offence or face a civil action for battery or harassment.
This copy is for your personal non-commercial use only. Should a psychiatrist who began dating his patient shortly after they stopped seeing each other professionally be allowed to keep his licence? She pointed out that while Bill 87 has yet to become law, the panel still has the discretion now to revoke.
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