I have a friend that wants to treat me, but is highly concerned about doing so "off the clock" if you will. He's an oncologist for a large Hospital and is forbidden from doing work outside of the hospital as it could damage their reputation if a doctor were to "damage" someone outside of work hours.

My main question is aside from his employer, could he legally treat me without reporting back or keeping it off the books? I don't want to get him in legal trouble, but I also don't really know the legalities and procedure of this. He's only been working for the hospital for 2 years and they apparently don't go over legal matters in school. If anyone could point me in the right direction or link me to anything I would highly appreciate it.

"To add to this, he is a fully licensed and certified M.D. / D.O." I didn't want it to sound shady or anything, I just want him to be my private doctor, rather than someone I don't know.


In general, he can probably get away with treating you. The risks are:

(1) The hospital finds out somehow and fires him for violating his employment agreement; I would be surprised if they did this over just a single patient.

(2) You sue him for malpractice, in which case his existing insurance might not cover it because it work done outside the hospital. Whether this is a risk depends on the terms of his insurance.

As a general rule, doctors have an ethical duty to help those who they can.


There is no general law requiring a doctor to report to the government that they have given medical treatment. On the contrary, there is a federal rule (the "Privacy Rule") that somewhat requires keeping medical information private. There may be certain instances where a report must be made, such as the obligation to report gunshot wounds or suspected child abuse. There could be entanglements regarding use of drugs that require a prescription, where there is a required paper trail.


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