The Moses Firm | February 16, 2026 | Medical Malpractice
When you visit a doctor, you trust that your private health information will stay private. Federal and state laws recognize that trust and require medical providers to protect patient records. When that trust is broken, it can feel invasive, confusing, and sometimes overwhelming.
Understanding what a breach of doctor-patient confidentiality is—and what steps you can take—can help you protect yourself and decide what to do next.
Understanding Doctor-Patient Confidentiality
Doctor-patient confidentiality refers to a provider’s legal and ethical duty to keep your medical information private. This includes details about your diagnosis, treatment, test results, medications, mental health care, and even the fact that you are a patient.
Most healthcare providers in Georgia must comply with the Health Insurance Portability and Accountability Act (HIPAA). HIPAA establishes national standards for the use and disclosure of protected health information (PHI). Georgia law also imposes confidentiality obligations on doctors, hospitals, and other medical professionals.
In general, your medical information should only be shared with your consent or for limited purposes allowed by law, such as treatment, billing, or certain public health activities. In plain terms, health care providers usually need a valid reason to share your information, and “just because” is not one of them.
What Counts as a Breach of Confidentiality?
A breach of doctor-patient confidentiality occurs when protected medical information is accessed, used, or disclosed without authorization or in violation of the law. These breaches can occur in many ways, and they are not limited to high-profile data hacks.
Common examples include:
- A doctor or nurse discussing your medical condition, where others can overhear
- A hospital employee accessing your records without a valid work-related reason
- Medical records sent to the wrong patient, employer, or insurance company
- Lost or stolen laptops, phones, or files containing unencrypted patient data
- Cyberattacks or ransomware incidents that expose patient records
Even honest mistakes can still count as a breach if proper safeguards were not followed. For example, a receptionist who accidentally emails records to the wrong address may not have meant to cause harm, but the disclosure can still put your privacy at risk.
What to Do if You Suspect a Breach
If you believe your doctor-patient confidentiality has been violated, there are practical steps you can take right away.
Contact the Provider
Start by contacting the provider or facility. Ask what happened, what information was involved, and who may have received it. If the breach involved electronic records or a large number of patients, the facility may already be investigating and preparing notices.
Request Copies of Documentation
Next, request copies of any written notices or communications about the incident. Keep them in a safe place, along with notes of your calls and emails. If you are worried about identity theft, it may also be smart to monitor your insurance statements, medical bills, and credit reports for unusual activity.
File a Complaint
You can also file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights, which enforces HIPAA and investigates reported violations.
Speak With a Lawyer
Finally, consider speaking with a lawyer who handles medical malpractice or privacy-related claims. Not every breach leads to a lawsuit, but some cases involve serious harm that may justify legal action.
Can a Breach Lead to a Lawsuit in Georgia?
In Georgia, a breach of medical confidentiality may support a legal claim in certain situations. These claims often fall under medical malpractice or negligence principles. To succeed, a patient generally must show that the provider owed a duty of confidentiality, breached that duty, and caused actual harm as a result.
“Harm” can mean financial losses, identity theft expenses, lost job opportunities, emotional distress, or other measurable damages. Because the details matter, it helps to have someone review what happened and how it affected you before you decide on your next steps.
Contact the Atlanta Medical Malpractice Lawyers at The Moses Firm: Medical Malpractice Lawyers for Help Today
A breach of doctor-patient confidentiality can have lasting consequences, and it is normal to feel uncertain about what to do next. We represent patients in Atlanta and throughout Georgia who have been harmed by medical negligence, including privacy violations.
Contact our experienced Atlanta medical malpractice attorneys at The Moses Firm: Medical Malpractice Lawyers to schedule a free consultation today.
We are proud to serve clients throughout Atlanta, Fulton County, and the surrounding communities in Georgia.
The Moses Firm
3490 Piedmont Rd NE #1206,
Atlanta, GA 30305
(404) 721-1050
Available 24/7