A young man called Dale was hospitalized with a bout of pneumonia and a bronchial infection. Although the doctors have answered all of the diagnosis and prognosis, Jonathan would like to review his medical chart. Is he within his legal rights?

Right to Access: In at least 20 states, you have the right to see your medical records, whether they are kept by your personal physician or by a health care facility. However, check your state’s medical records statue for any special conditions. For example, a few states allow you to access your hospital records only after you have been discharged from the hospital.

*If you live in a state that does not allow you access to your records, your doctor, dentist, or hospital staff can refuse to show them to you.

Right to Privacy: Medical records are considered private information, and both federal and state laws forbid their unauthorized release. *Even parents can be denied access to their minor children’s medical records. A person whose records have been inappropriately released may file a lawsuit against the parties that released them, seeking monetary compensation for breach of contract or for invasion of privacy.

As a patient, you have a right to confidentiality. Unless you agree to have medical information released, your doctor is not permitted to give it to anyone, even family members who may want to know about your condition. If you have a communicable disease, however, your doctor is obligated by law to notify the public health department and, in some cases, anyone close to you who might be at risk.

The issue of confidentiality is often raised when the patient is a child. Generally a parent must grant permission for medical treatment of children, because the child is not considered mature enough to make such a decision. In many states, however, teenagers are allowed to give consent for treatment involving pregnancy, drug abuse, alcoholism, or emotional problems without notifying their parents.

Depending on state law, the physician may be prohibited from discussing the patient’s condition with his parents, unless he first has the child’s consent.

Invasion of Privacy: Invasion of your privacy by private individuals or companies is tort, or civil wrong, and you can sue for any damages you suffer. In order for an action to be considered an invasion of privacy, one of the following must have occurred:

*Public disclosure of private information about you that is offensive or objectionable. If your right to privacy has been invaded, you can sue for any damages that happen to result, such as pain and suffering, lost wages, or some other misfortune.

Unreasonable intrusion into your private life is a crime. You do not have to endure people peeking in your window, taping your telephone lines, or going through your personal belongings without the legal authority to do so. If you are a private citizen, corporations cannot release any information about you to the public.

Privacy Laws: According to federal and state laws, certain kinds of invasion of privacy are criminal offenses. For example, it is a federal crime for someone to open your mail without your approval.

The Privacy Act of 1974 states that information pertaining to individuals kept by a government agency can be used only for the purpose for which it was obtained. Thus, information about you or your family that was collected by the Census Bureau can be used only by the Census Bureau and cannot be used by the IRS or anyone else.

Another federal law, the Family Educational Rights and Privacy Act of 1974, protects the privacy of student records and requires schools to keep a record of all requests to see student’s files.

Banks, saving and loan associations, and other financial institutions must meet strict legal requirements before releasing any information about your accounts. Unless a bank is responding to a court order or subpoena, it may not dis close the amount, number, or sources of funds deposited in your accounts without your permission. However, a bank may indicate to any creditor whether you have an account there and whether there is enough money on deposit in your account to cover a check drawn against it.