Understand, PP, that the doctors and nurses chose to include you in these decisions, but did not legally need to. |
Yes, I'm actually a lawyer, so I get it. I just don't see the need to panic parents about this. Do you really believe that a hospital will keep info from parents of an unconscious 19 year old child? Can you imagine the lawsuits? Sure, line up the paperwork. But let's not scare people. |
PP here. Yes, I can. I was there, in the hospital, with a friend and friend's DC. There is an absolute defense available to the hospital and each treating health care licensee. It would never make it to trial and would be dismissed on motion. It's in HIPAA. Read the statute. |
http://ohalllaw.com/2013/05/durable-power-of-attorney/ You must not be a very good lawyer if you don't understand this issue. Even when I take my 18 year old to the doctor, my son has to give permission for me to talk with them.. I cannot see his college grades without permission from him. Hospitals and Doctor's take HIPPA really seriously from the smallest to largest issue. |
I promise you that if your 18 year old college kid is unconscious in a hospital the doctors most certainly will allow you to see the kid and most certainly will talk to you. Here's why most parents want the medical release: so they can find out if Suzy goes to the health center to get the pill or is treated for an STD. It's all for medical records access. Do you really think doctors will keep you from your 18 year old unconscious kid in a hospital? By all means get the medical release available at all colleges that cover the health center if you plan on requesting medical info behind your kid's back (otherwise, why wouldn't you just ask the kid to share the info if there's an issue?). And get a medical power of attorney in case you anticipate having to make decisions for an incapacitated kid...although you could also get a lawyer involved in that scenario to block a hospital taking your kid off life support. |