Fortunately, the patchwork of state and federal statutory, administrative, and case law has greatly limited unrestricted disclosure of medical secrets through the threat of civil and criminal liability. While the law governing the disclosure of medical information sorely lacks a comprehensive approach, one overriding principle emerges from this patchwork: the concern for confidentiality represented in the Hippocratic Oath is alive in Ohio and should guide the release of any medical secrets in the state. There are several statutes that regulate the release of certain types of medical information. For example, information concerning patients suffering from alcohol or drug abuse is covered by Sections 5234 and 5275 of the Public Health Services Act, and the comprehensive regulatory scheme thereunder,6 and information concerning mental illness may be subject to the restrictions of Section 5122.31 of the Ohio Revised Code. The burden of regulating the disclosure of most types of medical information, however, has fallen upon the common law. The common law also acts to close the gaps in statutory schemes seeking to limit the disclosure of a particular type of medical information. This article deals with the development of the common law in this area and the emergence of breach of confidence as a recognized tort in Ohio.
Johnston, Craig E.
"Breach of Medical Confidence in Ohio,"
Akron Law Review: Vol. 19
, Article 2.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol19/iss3/2