Confidentiality in Emergencies

A. Most, if not all, jurisdictions include either an exception to the statutory requirements of confidentiality or an immunity from liability for the release of relevant clinical information to another health care professional for the purposes of providing necessary emergency care for a patient, even when the patient has not authorized such a disclosure.

You should disclose any information that would assist the ER physician with preventing serious imminent harm to your patient or assessing the patient’s condition. This may include information about current and former medications (regardless of whether you prescribed the medication), allergies, lab work, vital signs, or the patient’s state of mind. When disclosing information, stay attuned to the issue of confidentiality and release only the information that is necessary. For example, information about a patient’s ongoing affair would probably not be considered pertinent in the above situation. In addition, information should not be shared with other, nontreating individuals, such as a spouse or parents. They may believe that they have a right or a need to know, but without proper authorization, you are prohibited from disclosing confidential information to them.

A. Vicarious liability coverage is an optional insurance coverage available to participants in the Psychiatrists’ Program (the Program), the APA-endorsed Psychiatrists’ Professional Liability Insurance Program. It is advisable for any participant who is incorporated or is a member of a partnership or employs or contracts with other health care providers such as psychologists, social workers, other physicians, etc., to obtain such additional coverage.

This coverage serves to protect you against negligence committed by your employee or contractor that may be imputed to you because of your legal classification as “employer.” Health care employees or contractors of Program participants still need their own medical malpractice insurance because vicarious liability coverage offers them no protection.

This coverage is written as an endorsement to your individual coverage either as a combined single limit or as a separate limit of liability.

A. The Program has developed an online presentation titled “Insurance 101” to help doctors in the purchase of a new policy. This multimedia presentation presents concepts such as the difference between claims-made and occurrence coverage, the “hammer clause,” aggregate limits, and more. Just visit the Online Education Center at www.psychprogram.com.

Additionally, the Program has developed a comprehensive checklist, “Before You Sign,” that presents key features and benefits to consider when choosing a medical malpractice insurance policy. After reviewing this checklist, you may be surprised to find that not all policies offer the comprehensive protection you need in today’s mental health care environment. To request your complimentary copy of “Before You Sign,” please call (800) 245-3333, ext. 389, or e-mail [email protected].