What is the duty of confidentiality owed by a doctor to a patient to the patient?
Alberta, Canada
The following excerpt is from Petrowski v. Petrowski (Estate of), 2005 ABQB 909 (CanLII):
These authorities indicate that the duty of confidentiality owed by a doctor to a patient is, after the death of the patient, within the management of both the deceased’s executor or his heirs. It may be waived by either. Stoodley v. Ferguson is distinguished. There the party seeking to interview the patient’s doctors, the defendant in a medical malpractice action, had absolutely no right to waive the protection. Here, the party seeking the interview has that right.
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