Legal aspects of health info. IMPORTANT PLEASE ANSWER!?
This is my essay, can't find the answers anywhere in my text.
-Paula patient doesn't want her violent boyfriend to iknow that she is getting an abortion, so she asks Dr. Bob to send all communications to her to a post office box and to phone her only at work. What should Dr. Bob do, and what is the legal basis for your advice? If she tells Dr. Bob that not doing this will endanger her, would your answer be different?
Thanks so much, please cite the sources, I need someone who actually knows. Of course, I can make up something that sounds right, but this is dependent on my passing the course.
Thanks guys
xoxoxo
andrea
Answers:
I don't think that the doctor would be in any ethical quandry.
Paula is his patient, so he is basically supposed to abide by her wishes and maintain her patient confidentiality, and telling an outside source that she was having an abortion, or providing a third party (anyone) with her medical information, or even that she has a doctor, is violating the patient-doctor privilege. The fact that her boyfriend finding out would endanger her is only an added reason to make sure he does what his patient asks -- and it wouldn't change the answer at all.
As for sources, check out HIPPA and doctor-patient confidentiality and privilege rules.
Under HIPAA regulation, he cannot share her medical information with anyone but her unless she signs a release. YOu didn't say if you were in the U.S. or not, but in the U.S. He is bound by HIPAA regulations.
Even if Paula was married to the guy, a physician and other health care agencies cannot release ANY medical information to ANYONE without the patient's written permission. If you want to read more on the subject, do a word such for the "Health Insurance Portability and Accountability Act (HIPAA)."
HIPPA is the source and if the patient requests that no corespondance goes to a certain place than the Dr. and the office has an obligation to do so. If they do not it is a federal offense.
Your medical history is your business and not anyone else's. Unless you specify who you want informed of things. There is a strict rule on this.
Go to this website:
http://www.hhs.gov/ocr/hipaa/
you 'll need to research patient rights . . .try these sites
www.patientrights.com
www.patientprivacyrights.org
A boyfriend has no legal control over a woman.
Even a husband is not automatically notified of medical problem unless his wife wants him to know.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: