Breaking the silence

In general, the right of confidentiality belongs to the client, and you can't release information about your client or the care of a patient until your client provides written authorization or waives that right, says Dr. John Scott, attorney. But, Dr. Scott says, there are a few times when you'll have to open your files:

• If you or your client files a civil or criminal proceeding. "The right of confidentiality can't be used as a shield by either the veterinarian or the client," Dr. Scott says. So, for example, if a client sues you, you can't withhold information under the guise of confidentiality. In the same vein, if you bring suit against a client who doesn't pay, then the client can't refuse to release the records that prove the fee is due and reasonable, he says.

• If a state veterinary board is conducting an investigation into your actions.

• If the information is requested by a public, animal health, animal welfare, wildlife, or agricultural authority employed by a government agency. Of course, the requesting party must have a legitimate reason for needing the information that relates to the protection of animal and public health.

One more point: If you release information under a court order or by waiver of the client, you won't be vulnerable to any civil action, Dr. Scott says. But if you or a staff member release information outside of these circumstances, you could be at risk. So be sure your staff members also understand the rules of confidentiality.