May 28, 2026 | Medical Malpractice
Visiting a doctor comes with the expectation that the details of your medical care will stay private. That expectation isn’t just common sense; it’s backed by both federal and Pennsylvania state law. If a healthcare professional shares your personal information without your permission in Scranton, it may qualify as a breach of doctor-patient confidentiality and allow you to file a medical malpractice lawsuit as a result.
Learning what counts as a breach and your legal options can help you take the right steps if your privacy has been violated. Read on for some important information to keep in mind if you find yourself in this situation.
How Is Doctor-Patient Confidentiality Protected?
The main federal law governing medical privacy is the Health Insurance Portability and Accountability Act, commonly known as HIPAA. Per this statute, healthcare providers are required to safeguard your protected health information (PHI). In practice, that means they usually cannot share it without your prior approval, except under specific circumstances.
Pennsylvania adds its own layer of protection on top of HIPAA. The state has laws that sometimes provide stricter rules in certain areas, including:
- Mental health records: These records are protected under the Mental Health Procedures Act and generally cannot be disclosed without patient consent.
- HIV-related information: These records receive heightened confidentiality under the Confidentiality of HIV-Related Information Act (35 P.S. §7601).
- Substance abuse treatment records from federally assisted programs: These are governed by 42 CFR Part 2 and typically require patient consent before any disclosure.
When state law is more protective than HIPAA, the stricter standard typically applies. This means Pennsylvania patients may have stronger privacy protections than those in many other states. An experienced attorney can help you determine how these laws apply to your case during a free case review.
What Qualifies as a Breach?
A breach of doctor-patient confidentiality can take many forms. Some are intentional, while others result from mere negligence (carelessness). Either way, they can cause real harm to the patient.
Common examples include:
- A healthcare worker discussing your diagnosis in a public area where others can overhear the conversation
- Sharing your medical records with another provider without getting your authorization first
- An employee accessing your health information without a legitimate medical reason
- Sending medical documents to the wrong person
- Failing to secure electronic records properly
A disclosure can have serious consequences, including both economic and non-economic damages. This is where the law may be on your side in the sense that you may be able to take action and recover compensation.
Are There Exceptions to the Rule?
There are limited situations where a healthcare provider can legally share your information without your permission.
These include:
- Court orders requiring the release of medical records
- Mandatory disease reporting, as Pennsylvania has more than 70 reportable conditions
- Situations involving imminent safety threats to the patient or others
- Disclosures needed for treatment, billing, and insurance purposes
That said, providers are still only allowed to share the minimum amount of information needed to serve the specific purpose at hand. The broader privacy protections still remain in place when an exception applies.
Contact a Scranton Medical Malpractice Attorney at Fellerman & Ciarimboli, Law PC for a Free Consultation
Your medical information is personal and cannot be shared without your consent in most circumstances. If a healthcare provider in Scranton, Pennsylvania, shared your private health details without your authorization, you may have grounds to pursue a legal claim for the harm it caused. However, these cases can be difficult to pursue without a lawyer on your side.
For more information, contact Fellerman & Ciarimboli, Law PC to schedule a free consultation with our experienced personal injury attorneys. We proudly serve clients in Scranton, Kingston, Berwick, PA, and Columbia, Lackawanna, Luzerne Counties. We’re here to fight for your rights with trusted, experienced legal support. Let us help you get the justice and compensation you deserve.
Fellerman & Ciarimboli, Law PC Scranton
148 Adams Ave, Scranton, PA 18503
(570) 714-4878
Fellerman & Ciarimboli, Law PC Kingston
183 Market St #200, Kingston, PA 18704
(570) 714-4878
Fellerman & Ciarimboli, Law PC Berwick
120 W Front St, Berwick, PA 18603
(570) 714-4878