Safeguarding the confidentiality of medical and mental health records.

Abstract

In this article, the authors detail the nature of the right to confidentiality of medical and mental health records, the privileges against disclosure, how those privileges are lost, and the health care provider's liability for improper disclosure. The article also provides a "nuts and bolts" approach to safeguarding medical records against compelled disclosure and the legal foundation for resisting production of medical and mental health records.