Show #346 Airing 6/25/06
A woman called me in tears. Her husband collapsed, and the ambulance had whisked him off to the nearest emergency room. She joined him a few minutes later. After the doctor's examination, she asked what the diagnosis was. To the woman's shock and amazement, the doctor stated that he was not able to reveal anything about her husband's condition. Mind you, this was her husband, not some stranger. What was going on? And could this happen to you? Here to disclose the answer is my law partner, Mike Solomon.
Question: You heard my story. Why wouldn't the doctor tell the wife about her husband's condition?
Answer: The story you describe is not unique. It's terrible, but this situation does come up with growing frequency.
The laws protect our health care privacy. Our medical condition, and our health records, are meant to be kept private, unless we authorize disclosure.
If you go to the doctor or the hospital, strangers can't simply ask for your health care records. There's good reason for privacy protections.
But these laws apply to everyone. Only you are entitled to your own personal medical information. Not strangers, not your spouse, not your children. No one but you.
Question: So why do doctors and nurses often tell us about our spouse's or parents' condition?
Answer: It's true that doctors, nurses and hospitals often ignore these rules and talk to family members when a loved one is sick. But technically, they're not supposed to. And as more and more lawsuits are filed for violating people's privacy protections you'll see these "informal" discussions happening less and less often.
Question: What's the solution?
Answer: The solution is a health care power of attorney. The document says, basically, "I authorize my spouse or child or friend to make health care decisions for me if I can't make my own." We've talked about that before.
But the health care power of attorney does something else. It allows you to authorize a loved one to talk to the doctors and nurses, and to get your medical records. You can always get our own medical information, and a health care power of attorney allows you to appoint someone to stand in your shoes to get this same information.
Question: How do we get a health care power of attorney?
Answer: You can get one from a lawyer for very low cost, maybe $50. Many hospitals and doctors also make them available. Or you can get one for free by going to the web site: www.ohpco.org. The forms you get there are very good.
Question: What do you do with it?
Answer: Fill it out, and give it to the person who will need to use it. Give it to a person you trust with your life. Usually that's your spouse, or a child. Remember, this is a very important document. Don't give it to someone who you don't trust 150%.
You don't have to be left in the dark about your loved one's medical condition. I'll say it publicly. If you want to avoid the privacy trap, make sure your spouse or parent makes out a durable power of attorney for health care, now! My thanks to Mike Solomon.
