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In Texas you may have a cause of action when your protected health information is released without your knowledge or consent. Healthcare providers owe a duty of confidentiality to their patients as part of the care they provide. This duty arises when a patient-physician relationship exists and medical services are rendered. This duty is breached by a physician or healthcare provider when your protected health information is disclosed without your consent or knowledge to a third party. In order to recover for this breach of duty, it is necessary to show some harm to you as a result of this disclosure.
In Texas, the duty of confidentiality has been considered inseparable from the health care services provided to a person by the healthcare provider. This has resulted in courts determining that claims for breach of confidentiality in the healthcare setting implicate the standard of care for the healthcare provider. As a result, some of the requirements of plaintiffs who pursue medical malpractice claims must be met in these cases as well. Most notably, the requirement to provide an expert report indicating the standard of care, the breach of the standard of care in your particular case and how this breach caused you harm must be complied with in these cases.
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