You are here:

Medical Malpractice/OBGYN told another patient about my visit today


New Jersey.

I was 9 weeks pregnant and miscarried at 9 weeks.  Its was a blighted ovum and no fetus formed.  I needed a D&R to have the sac removed from my body.  Since this was my 4th miscarriage, the doctor decided to give me a pill the release the contents naturally.  He did this because another D&R might cause too much scarring and prevent me from having children in the future.

Instead of going through the details with close friends a family I said that everything was taken care of and I just want to rest.  Well, a distant friend of mine called to tell me that she had an appointment with the same doctor this evening and that she asked about me to him.  The doctor told her the details of my visit and that I did not get the D&R but rather this pill?!!!

I am so embarressed and just beside myself that my physician did this to me!!  Not only is my heart already broken, but now I need to answer to a distant friend and explain myself.

Can I take this doctor to court?

Bobbie Jo,

Confidentiality is part of the Hippocratic Oath and breaching confidentiality is a breach of your physician's fiduciary duty.  That being said, you may have a difficult time finding an attorney to handle the case because your damages will not constitute filing a lawsuit.

However, you have a different alternative.  I suggest you file a complaint with the New Jersey Board of Medical Examiners.  You can view the website at  Generally, boards take a breach of confidentiality very seriously and any action taken may be a public action.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.

Medical Malpractice

All Answers

Answers by Expert:

Ask Experts


Paul D. Friedman, M.A., Ph.D., J.D.


I have been a practicing civil trial attorney since 1989 dealing primarily with malpractice issues. I litigate very select medical malpractice cases on behalf of patients or their families. I am a Certified Civil Trial Specialist by the National Board of Trial Advocacy. I am also Certified in Injury and Wrongful Death by the Arizona State Bar Board of Legal Specialization.

In addition to my law degree, I received a Master of Arts in Bioethics and a Doctorate of Philosophy involving Medical Ethics. Because I am also an Adjunct Professor in Research and Medical Ethics at a medical school, I routinely consult with physicians and hospitals regarding medical ethics issues in an effort to improve patient care.

I can answer questions dealing with medical ethics principles. I can also respond to questions regarding potential malpractice issues.

For more information, you can view my website at WWW.EXPERTETHICS.COM


I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.

State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
licensed in the United States Supreme Court
American Bar Association
National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities
Kennedy Institute of Ethics
National Association of Realtors

A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM

Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004
Doctorate of Philosophy 2006

Awards and Honors
Phi Beta Kappa
Multiple Who's Who
Southwest Superlawyers
Top 100 Trial Lawyers
AZ Magazine Top Lawyers

©2016 All rights reserved.