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Virginia Supreme Court:Fairfax Hospital vs. Patricia Curtis


Implications for Clinicians
M. A. Fisher (2000)

The Virginia Supreme Court has ruled that, unless there is a serious danger to the patient or others, a health care provider may legally disclose patient informtion without the patient’s consent only if (1) there is a statutory requirement to release it (as in child abuse reports); or (2) there is a judge’s order requiring its release. ( Fairfax Hospital v. Patricia Curtis, 1997.)

Portions of that decision are quoted below:

  “In our jurisprudence, a health care provider owes a duty of reasonable care to the patient. Included within that duty is the health care provider’s obligation to preserve the confidentiality of information about the patient which was communicated to the health care provider or discovered by the health care provider during the course of treatment. Indeed, confidentiality is an integral aspect of the relationship between a health care provider and a patient and, often, to give the health care provider the necessary information to provide proper treatment, the patient must reveal the most intimate aspects of his or her life to the health care provider during the course of treatment.”We hold that in the absence of a statutory command to the contrary, or absent a serious danger to the patient or others, a health care provider owes a duty to the patient not to disclose information gained from the patient during the course of treatment without the patient’s authorization, and that violation of this duty gives rise to an action in tort.”

Legally, some interpret this Virginia Supreme Court decision to require that, unless a patient consents to the disclosure, health care professionals have a legal obligation to respond to a “discovery subpoena” by filing (or ensuring that the patient’s attorney files) a motion to quash the subpoena, thus bringing a judge into the decision, and thereby obtaining either a protective order or an order to disclose.[(See Lombardo, P.A. (1998) Virginia Supreme Court endorses medical confidentiality claim. Developments in Mental Health Law 18. Institute for Law, Psychiatry and Public Policy, University of Virginia.]

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Upcoming CE Workshops

  • Knowing What We Don't Know: Meeting Our Ethical Obligation to Develop and Maintain Competence
    • Wednesday, March 29, 2023
    • Zoom Interactive Workshop
  • Should I Write it Down?: Ethical and Legal Ramifications of Documentation Decisions
    • Wednesday, April 5, 2023
    • Fairfax Virginia
  • Should I Write it Down?: Ethical and Legal Ramifications of Documentation Decisions
    • Wednesday, April 26, 2023
    • Zoom Interactive Workshop
  • Boundaries and Dual Relationships: Where Can we Go Astray, and Why?
    • Monday, May 15, 2023
    • Zoom Interactive Workshop

CE Courses Are Approved By:

continuing education for American Psychological Association The Center for Ethical Practice is approved by the American Psychological Association (APA) to sponsor continuing education for psychologists. The Center maintains responsibility for this program and its content.


continuing education for National Board for Certified Counselors (NBCC) The Center for Ethical Practice has been approved by National Board for Certified Counselors (NBCC) as an Approved Continuing Education Provider (ACEP No. 6768). The Center is solely responsible for all aspects of the programs. Programs that do not qualify for NBCC credit are clearly identified.


continuing education Association of Social Work BoardsThe Center for Ethical Practice (provider 1287), is approved as an ACE provider to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Regulatory boards are the final authority on courses accepted for continuing education credit. ACE provider approval period: 3/21/2021-3/21/2024.

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