Berger V. Sonneland

The example case I chose for breach of confidentiality is Berger v. Sonneland. On July, 1 1993 Mrs. Suzan Berger went to see her doctor, Dr. John Sonneland for a consultation. She said she was having some health problems. She complained of stomach pain, chronic diarrhea, dumping syndrome, throwing up and an over 40 pound weight loss. She stated that her symptoms began at the age of 22 and now at the age of 27 she had endured multiple surgeries. Mrs. Berger told Dr. Sonneland that she was taking a few different drugs, including Tylox, a narcotic used to control pain. Mrs. Berger was consulting with Dr. Sonneland for a new prescription of a narcotic pain medication. Mrs. Berger stated she gave Dr. Sonneland a written release to contact her previous doctor, Dr. Federic E. Eckhauser, at the University of Michigan Hospital in Ann Arbor to get her medical history, but did not have Dr. Hoheim, her former husband, and a past doctor she had seen. She also did not give Dr. Sonneland permission to contact him.   She

said she told Dr. Sonneland her relationship with her former husband was not a friendly one.
Even though this was made clear to Dr.

Sonneland he telephoned Mrs. Berger’s former husband and discussed with him her recent request for the narcotic prescription and her past use of prescription drugs.  The former husband took this information and filed a motion in a pending case in the Montana courts to change the custodial plan for the couple's children, stating that Mrs. Berger’s medical condition and drug use justified a change in the custody agreement. Mrs. Berger claims that as a result of Dr. Sonneland's disclosure she developed insomnia and was anxious and stressed at all times, which lead to her becoming physically ill.  She believes that the stress caused nausea and vomiting, irritating previous gastrointestinal problems. She states that she lost weight and that because of what happened she no longer trusts physicians.  She also claims that she had to spend a significant amount of money for attorney fees to contest the custody

modification.
The reason why this case is a great example of a physician breaching a patient’s right to confidentiality is self-evident. Dr. Sonneland didn’t have a reason or a right to contact Mrs. Berger’s former husband. Every doctor is expected to be held to a standard that our private information will not be shared without our consent. This case is a excellent example of why doctor-patient confidentiality agreements exist. I am sure that Dr. Sonneland thought he was doing his due diligence by contacting Mrs. Berger’s former husband Dr. Hoheim about her prescription history of narcotic pain medication. But by doing this he not only created a breach of confidentiality but he also caused emotional distress to Mrs. Berger what was not necessary. This is a pretty easy one to prevent. Don’t go outside your legal and ethical requirements. These requirements are put in place for a reason; they are not only there to protect the patient but the health care provider as well.