The physician's physician: latent duties to protect third persons

It is apparent from a growing body of court decisions that physician-patient confidentiality has been limited in those circumstances where society has a need to know certain specific information. The treating physician's duty to breach confidentiality and to warn third parties of a patient's dangerousness because of violent intent, effects of medication or dangerous health condition encompasses a duty to report previously undisclosed impairment of a fellow physician who is in treatment. The alternative is to convince the impaired colleague to withdraw from practice until the impairment is remedied. Thus, a physician collegially providing care of a colleague shoulders a particular responsibility when the physician patient is found to manifest professional impairment. This article presents a development of this thesis based upon common law and legislation in the United States.