A few days ago
Katy

Medical Confidentiality- Law?

My 14 year old son went to a doctors appointment/ my friend works in that same office and she told me he was there. I called the pediatrician because I want to know why my son was there. They told me that they can give me no information. What would be my legal rights as a parent?

Top 8 Answers
A few days ago
rachel b

Favorite Answer

Even if you’re the parent you can’t be told why your kid was at the doctor. Ask your son and see if he’ll tell you or drag him down there and ask again. They can’t give you medical info over the phone. Either that or hack into his cellphone or computer and see if he told his friends.
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A few days ago
Bill
Hard to answer a legal question without knowing where you’re from. Can’t exactly look up the relevant law without that little tidbit.

Were I your doctor, I would be leery of answering medical confidentiality questions over the phone anyway. How do they know who’s calling?

Here’s a thought. Ask your son.

P.S. If I was the doctor, I would fire your friend for even telling you he walked in the door.

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A few days ago
PhantomRN
State laws where you live will determine how much of your child’s personal health information you can get through HIPAA. In many states, minors can consent to treatment and testing for STDs and alcohol and drug treatment, so parents might not be able to access these records. A Pediatrician can also restrict a parents access if they think that it will harm the child. And you can’t access your own or your child’s psychotherapy notes.
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A few days ago
MCM
Your son is not an adult, he is not emancipated as he is only 14, therefore he is legally under your custody and care. As his legal tutor you should be entitled to receive all relevant information regarding his health by his pediatrician.
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A few days ago
jmd72inva
First- your friend broke the law by telling you he was there. I can understand your concern, I would recommend scheduling an appointment for your son with the doctor and accompany him. Is it possible this is an STD? maybe that’s why your son didn’t tell you (???) just a guess…

good luck

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A few days ago
JP74
Depending on which state this occured the doctor doesn’t have to tell you what happened during the office visit. You should check the HIPAA Law for your particular state.
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A few days ago
petra
If you are the legal guardian of your child you can request a copy of his records and they have to give it to you. Otherwise you need to get in touch with his legal guardian and ask.
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A few days ago
D and G Gifts Etc
According to the law you have no right to view your childs medical records if he/she does not want you to. That being said. If it was put on your insurance card you will get a statement from the insurance company that will tell you what treatment was given. The following is information on a minor’s right to privacy.

A minor’s right to privacy right for medical and mental health services are spelled out in minor consent law:

Teens under 18 may give their own consent for certain medical and mental health services. Any medical services to prevent pregnancy and sexually transmitted infections or to diagnose and treat problems with drugs and alcohol.

Some teens under 18 are allowed to give their own consent for all types of medical and mental health service, if they are considered by law to be ‘mature’ or ’emancipated’ minor.

A teen is a ‘mature’ or “emancipated minor” if they fit into one of the three categories below:

Lives separatatly and apart from a parent or guardian (with or without permission, regardless of duration) and who is managing her or his own financial affairs.

Has married.

Has given birth to a child.

‘Mature’ or emancipated minors don’t need anyone’s permission to receive medical and mental health services. Their records are confidential. No one can see their records without their written permission

Services convered by minor consent are confidential health services. These include:

Pregnancy-related care-pregnancy testing, prenatal care, labor and delivery services and options counseling;

Contraceptive care-getting birth control;

Alcohol and other drug abuse-evaluation for alcohol and other drug abuse, counseling, treatment and detox; and

Emergency care-when requiring a parent’s consent would delay treatment and put the minor’s life or health at risk;Sexually Transmitted Disease (STD)-testing, treatment, counseling and support for STDs (STIs);

Inpatient mental health services-a minor 16 years or older may admit herself or himself to a treatment facility for mental health services. We know from research that teens may not get the health care they need without a guarantee of confidentiality. A study asked teens if they would get help for depression if their parents were notified. Forty five percent (45%) of those teens said they would not. When asked if they would get birth control, treatment for sexually transmitted diseases or treatment for drug use if their parents were informed. Eighty percent (80%) of these teens said they would not if their parents would be notified. (Marks A, Malizio J, Hoch J, et al. Assessment of health needs and willingness to utilize health care resources of adolescents in a suburban population. Journal of Pediatrics 1983; 102:456-450).

A more recent nationwide study of 6,748 girls and boys in grades five through twelve found that thirty-six percent (36%) sometimes did not get medical care when they needed it because they did not want to tell their parents about the problem” (Commonwealth Fund. Survey of the Health of Adolescent Girls 1997).

Why do some teens not want their parent or guardian involved? Some feel their parents or guardians may not be supportive. Some times teens are looking for help because thieir parents are actually creating some of their problems. For most teens, however, it is part of growing up and taking on more self-responsibility. Most caring parents find it hard to give up taking care of their children. Most teens want their parents to know that they are willing and cabable of taking on decisions for their health care. For them, seeking confidential services is a wise and responsible decision

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