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Old 04-12-2011, 01:59 PM #1
Dubious Dubious is offline
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Quote:
Originally Posted by MelodyL View Post
I have tried and tried to find this answer online, believe me I have, but can't find the answer.

The question is.

If a mother is brought into the hospital by her adult daughter (because the mother took pills), but there was really no danger and she survived, and the doctor walked out of the room, walked over to the adult daughter and said the following:

"We found cocaine, ambien, and other opiates in your mother's bloodstream".


Did the doctor, by doing what he did, violate the mother's privacy, her confidentiality, and by doing this, did he violate the HIPAA Law? My state is NY (if this matters at all)

All I can find online is that doctors can't speak to parents about their adult kids substance abuse, or discuss any private medical stuff UNLESS the adult child signs a waiver.

But in the previous case I mentioned, the mom signed no waiver. The doctor just blurted out what he blurted out.

I don't know where else to post this so I hope it's okay to post here.

Anyone know?

Thanks much

Sounds like mom was in a bad way since she was unable to get herself to the hospital.....why would that be objectionable to know from the doc what was wrong with mom? Am I missing something?
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Old 04-12-2011, 04:09 PM #2
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Quote:
Originally Posted by Dubious View Post
Sounds like mom was in a bad way since she was unable to get herself to the hospital.....why would that be objectionable to know from the doc what was wrong with mom? Am I missing something?
Not that it's objectionable to know from the doc what was wrong with mom, THE MOM is mad because the doctor violated her privacy. She just found out about HIPAA laws and she believes the doctor had no right to walk out of the room, walk over to the daughter and say "your mother took these drugs, etc."

From what I've read about HIPAA laws, the mom would have been required to sign a waver in order for that doctor to have been able to approach the daughter.

That's the basis of my question.

And this is not about me, mom died from smoking in 1995.

This happened to a friend of mine (who is the mom in this case).

Thanks much

And I agree, this is a gray area. I went online and I found out that when a young person tries to commit suicide ANYTHING that is discussed between doctor and patient is covered under the HIPAA laws unless the young person signs a release form.

Parents are now being left out in the cold with no access to medical info regarding their adult children.

I know there must be a good reason for this, but honestly, it must be very hard on parents.
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Old 04-12-2011, 11:16 PM #3
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Quote:
Originally Posted by MelodyL View Post
Not that it's objectionable to know from the doc what was wrong with mom, THE MOM is mad because the doctor violated her privacy. She just found out about HIPAA laws and she believes the doctor had no right to walk out of the room, walk over to the daughter and say "your mother took these drugs, etc."

From what I've read about HIPAA laws, the mom would have been required to sign a waver in order for that doctor to have been able to approach the daughter.

That's the basis of my question.

And this is not about me, mom died from smoking in 1995.

This happened to a friend of mine (who is the mom in this case).

Thanks much

And I agree, this is a gray area. I went online and I found out that when a young person tries to commit suicide ANYTHING that is discussed between doctor and patient is covered under the HIPAA laws unless the young person signs a release form.

Parents are now being left out in the cold with no access to medical info regarding their adult children.

I know there must be a good reason for this, but honestly, it must be very hard on parents.
Sorry about YOUR mom. It is an awfull experience to go through. Been there, twice.

In so far as your friend is concerned however, I just have a different perspective on this in that it just sounds like someone is looking for a reason to sue the doc for disclosure issues. HIPPA was initiated around 2000 or so and before that personal conversations with the family were the norm. I doubt the doc's intentions were dubious in nature. Should this progress into litigation, then we all needlessly bear the cost by increased healthcare costs!
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Old 04-13-2011, 02:31 AM #4
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I am going to be the lone dissenter here and say that in my opinion the doctor did breech HIPPA guidelines. I am a RN (although I have RSD and am currently on disability and have not practiced since 2008). We had HIPPA regulations drilled into our heads not only during nursing school but each year during our annual hospital required in-services. There was no reason for the daughter to need to know what medications/drugs the mother tested positive for under any circumstances unless the mother agreed for the doctor to tell the daughter. It would be the same as the doctor telling anyone else of the results, say a neighbor or employer. Just because the mother tried to commit suicide she does not wave her right to privacy. The only people that have the right to know that information are those whom it would affect the mother's direct care (other health care professionals on the mother's case.) Just as an example, it would also be against HIPPA regulations for the doctor to reveal that information to a doctor or nurse who was not on the mother's case or for a health care worker not on her case to access those records.) The only time a doctor could reveal this type of information without a patient's direct consent would be if the daughter was the mother's MEDICAL power of attorney. I'm sorry but in my opinion the doc messed up on this one.
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Old 04-13-2011, 07:11 AM #5
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Quote:
Did the doctor, by doing what he did, violate the mother's privacy, her confidentiality, and by doing this, did he violate the HIPAA Law? My state is NY (if this matters at all)
I work in a doctor's office on Long Island. The doctor did violate the Hipaa laws, no question. The mother has to sign a disclaimer stating whom the doctor can talk too. The laws are the same in every state, to my knowledge. One of my sons in Mich listed me on his Hipaa paperwork so that I can call his doctor office and have them tell me what is going on, so I can help him better understand too.

So yes, the doctor was wrong. Even in our office where we have related patients, it's against Hipaa laws for us to mention that we saw their sister last week or whatever. One of the workers always does it, but she's wrong and should be talked to about it.
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Old 04-13-2011, 11:14 AM #6
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Melody is the lady planning on taking legal action?
I just feel the suffer has so much more to worry about and whether it be right or wrong she needs to focus on that. I think if she did take legal action against the doc she would not win even with the laws. That is just my opinion and the experiences I have faced though I have never took legal action. I have had docs break confidentiality. It does bring up trust issues but at the same time I see in the long run it was for my best interest
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