Tuesday, November 22, 2011

What should the Dr. do, and what is the legal basis for the advice?

OK... say....


Patient Paula doesnt want her boyfriend to know she's getting an abortion, so she asks Dr. Bob to send all communications to her to a post office 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?What should the Dr. do, and what is the legal basis for the advice?
In the US, HIPAA laws prevent the doctor from releasing any info about her to anyone without her written consent. Not only can the doctor not release her info, he can't even answer yes or no to the question ';Is Paula a patient of yours?'; if the boyfriend called and asked. So there is no other answer.What should the Dr. do, and what is the legal basis for the advice?
A doctor has to follow the rule of doctor-patient confidentiality. Without a signed consent, the doctor cannot release Paula's medical information to anyone. Paula has the option to inform the doctor's staff how to contact her - it's none of their business what the address and telephone number correspond to. Since Dr. Bob, cannot release any information anyway, whether or not she would be endangered is irrelevant.

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