The physician's physician: latent duties to protect third persons.
It is apparent from a growing body of court decisions that physician-patient confidentiality has been limited in those circumstances where society has a need to know certain specific information. The treating physician's duty to breach confidentiality and to warn third parties of a patient's dangerousness because of violent intent, effects of medication or dangerous health condition encompasses a duty to report previously undisclosed impairment of a fellow physician who is in treatment. The alternative is to convince the impaired colleague to withdraw from practice until the impairment is remedied. Thus, a physician collegially providing care of a colleague shoulders a particular responsibility when the physician patient is found to manifest professional impairment. This article presents a development of this thesis based upon common law and legislation in the United States.
Walzer
R S
RS
Reiss, Walzer & Starks, Norwalk, Connecticut.
D003219:Confidentiality / Q000331:legislation & jurisprudence*; D017007:Duty to Warn / Q000331:legislation & jurisprudence*; D004992:Ethics, Medical; D006801:Humans; D010815:Physician Impairment / Q000331:legislation & jurisprudence*; D028743:Professional Misconduct; D014481:United States