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Question about medical privacy

Started by topnotchdad, Sep 25, 2006, 01:41:33 PM

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topnotchdad

Soc,

BM and BF share joint legal and physical custody, split 50/50.

BM has scheduled a Dr. appointment for child during BF's custody week.  BM claims that during Dr. appointment, she will have to discuss her own medical history with Dr, as it pertains to child, and the possiblity the child may inherit certain conditions from BM.  Therefore, she is trying to prevent BF from attending the appointment.

BF has a history of attempting to attend all Dr. appointments with child, or sending his spouse or mother in his absence.

BF understands that BM has a "right to privacy" as far as her medical records are concerned, however, he also has a right to be informed of any medical conditions his child might have/inherit from BM.  BF cannot trust BM to report the results of the Dr. appointment, as she has a history of lying about medical conditions, etc.

Questions:

1.  Can BM prevent BF from attending the appointment (short of secretly changing the appointment time)?

2.  If BF doesn't go to the appointment, will Dr. be allowed to discuss the results of the appointment, as it relates to genetics/possible inherited conditions from BM?

3.  Can BM claim "right to privacy" if she is voluntarily sharing her medical history with child's Dr.?  Child's Dr. is not BM's treating physician, so would not be considered to be "BM's Dr."

Thank you!

socrateaser

>Questions:
>
>1.  Can BM prevent BF from attending the appointment (short of
>secretly changing the appointment time)?

Not if both parents have joint custody.

>
>2.  If BF doesn't go to the appointment, will Dr. be allowed
>to discuss the results of the appointment, as it relates to
>genetics/possible inherited conditions from BM?

Yes. BM has no reasonable expectation of privacy in this scenario, because the child is the patient, not the BM.

>3.  Can BM claim "right to privacy" if she is voluntarily
>sharing her medical history with child's Dr.?  Child's Dr. is
>not BM's treating physician, so would not be considered to be
>"BM's Dr."

No. See above. Having said all this, however, I am puzzled by why BM really gives a crap whether BF knows about the genetic issues. I mean (and not to be crass), but BM had no trouble being sexually intimate enough with BF so as to produce a child. This whole issue seems pretty trivial under the circumstances, because it's ABOUT THE CHILD, not the parents.

But, if BM is really worried about her private genetic info being released into the public, then she should say nothing about it to the physician until she obtains a restraining order to prevent any release of the information, by anyone.

Get over it.


mistoffolees

I agree completely. However, it seems that BM has another option - to tell the doctor that he can call her later in the day to get her personal medical history if he needs it. That way, the BF wouldn't hear and the doctor would still have what he needs.

Of course, I agree. Sounds like someone's borrowing trouble, but I can picture some scenarios where I might be inclined to object, as well (if, for example, the BF is trying to obtain custody on the basis of the BM not being competent. I'm not suggesting that this is happening, but I can see where the BM might be concerned).