[MelodyL]

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

[daniella]

I don't know for a fact but have dealt with similar situations. I think that when a person may be or is harmful to themselves where it threatens their life the doctor can speak about them to a family member. It is a fine line though and I am not for positive.
I know when my mom did try to commit suicide and ended in the hospital I was told things by the doctor and also was part of what further treatment was going to happen. I can't recall exact specifics but can share more with you if you want by pm.
If you are facing this and want a friend to I am here. I know how hard a situation like this is. Sending warm thoughts

[MelodyL]

Originally Posted by daniella

I don't know for a fact but have dealt with similar situations. I think that when a person may be or is harmful to themselves where it threatens their life the doctor can speak about them to a family member. It is a fine line though and I am not for positive.
I know when my mom did try to commit suicide and ended in the hospital I was told things by the doctor and also was part of what further treatment was going to happen. I can't recall exact specifics but can share more with you if you want by pm.
If you are facing this and want a friend to I am here. I know how hard a situation like this is. Sending warm thoughts

Thanks Daniella.

Not about me.

Mel

[aussiemom]

I've had to sign papers in various docs offices listing who doc could talk to about me. If you aren't on that list, doc isn't supposed to say anything about my condition. Is it possible mom signed it not knowing what it was?

[MelodyL]

Originally Posted by aussiemom

I've had to sign papers in various docs offices listing who doc could talk to about me. If you aren't on that list, doc isn't supposed to say anything about my condition. Is it possible mom signed it not knowing what it was?

Mom didn't sign ANYTHING.

Interesting isn't it?

Mel

[Dr. Smith]

Originally Posted by MelodyL

Mom didn't sign ANYTHING.

Interesting isn't it?

Mel

Yes. I'm wondering how she was treated without signing something, unless she (mom) was unconscious/incoherent, in which case the daughter may have signed, and in such a case there may be an exception, as daughter is taking on certain responsibilities. 'Tis a puzzlement.

Doc

[Dubious]

Originally Posted by MelodyL

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?

[MelodyL]

Originally Posted by Dubious

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.

[Dubious]

Originally Posted by MelodyL

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!

[Cricket183]

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.
Cricket