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A Voice for Private Physicians Since 1943

AAPS Asks Supreme Court to Protect Medical Record Privacy

On December 18, 2019 AAPS filed an amicus brief asking the Supreme Court of the United States to remedy a pervasive practice by officials at the Texas Medical Board (TMB) in violation of rights of patients and physicians.

“There should be a real deterrent for conduct by government which is unconstitutional,” urges AAPS.

In this case, the TMB seized the medical records of patients without their consent, without a warrant, and without the opportunity for a review by an impartial judge.

Unless the medical board is held accountable for its unconstitutional actions, “physicians cannot be confident that what they write in medical charts will be kept private, and patients are deprived of assurance that their intimate disclosures to physicians will remain confidential,” AAPS argues.

“Attorneys are protected against unlawful searches and seizures, thereby preserving the attorney-client privilege and the confidence of clients that their communications with attorneys will remain private. Well-established Fourth Amendment protections must extend to physicians and their patients as well, and legal accountability is necessary to attain that goal.”

Read AAPS Brief: https://aapsonline.org/judicial/aaps-amicus-zadeh-12-18-2019.pdf

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