Is there a right to know about medical conditions?

[Orsorum]

My grandma's about 93, getting up there in age; she's recently lost a ton of weight because she got (got? developed?) congestive heart failure. Anyways, apparently a few months ago, her doctor found a growth on her spleen. I guess her daughter (my aunt) was the one told of the condition, and her and another one of my aunts made the decision not to tell her about it.

My mom and I have talked about it, and it seems like my grandma is sharp enough and healthy enough that she deserves to know what's happening with her body (and the woman IS sharp, sharper than some people I know in their 40s). She just asked me if there was any legal basis for informing my grandma of her medical state.

Does anyone know anything about this?

Thanks in advance,
Nate

 

[waggy]

a person should always know what is wrong with them. No matter how old the person is.

 

[bradruth]

Originally posted by: waggy
a person should always know what is wrong with them. No matter how old the person is.

Agreed.

 

[Yossarian]

well the doctor is the one who's wrong here. he should have told his patient himself.

 

[Orsorum]

Originally posted by: Yossarian
well the doctor is the one who's wrong here. he should have told his patient himself.

That's what I'm unsure of, by the nature of the situation I'm thinking my aunt may have been designated the caregiver or something along those lines.

 

[waggy]

Originally posted by: Orsorum

Originally posted by: Yossarian
well the doctor is the one who's wrong here. he should have told his patient himself.

That's what I'm unsure of, by the nature of the situation I'm thinking my aunt may have been designated the caregiver or something along those lines.

If you are truelly worried talk to your aunt, mother, the doctor, and a priest.

 

[Orsorum]

Apparently this is what happened:

She had a regular doctor's appt. at some point a few months ago, and at that time the doctor found a growth on her liver and had her get a CAT scan. She came back for the results a week later, and when she did my two aunts talked with the doctor before he was to meet with her and asked him not to tell her about the results.

Apparently one of my aunts has already spoken with my sister about it (just graduated from law school, knows "the law", etc.), because I had talked with my sister about it before I went to visit my grandma for easter and she asked if I was going to tell Grandma, I said no, and she said something like "Good, I'm glad we're all on the same page."

It strikes me as odd that the doctor would tell my aunts but not my grandma, and as far as I know there's no guardianship relationship between my grandma and my aunts. I could be wrong.

Something about all of this just sounds off, and I'm not sure sure what to do.

 

[ohtwell]

Your grandmother should know about her condition.


: ) Amanda

 

[StageLeft]

I'm surprised the doctor told them first too. your grandma is the one who's sick and has a right to know, though obviously your aunts think they're doing what's best.

 

[Bleep]

It sounds like the doctor violated your grandmothers right to privacy, he should have never discussed her medical problems or anything with anyone other than the patient unless he has a expresed legal consent to do so. I think you should have a talk with the doctor about this, and also ask your grandmother about what she thinks is wrong with her.
I would think that the Doctor may have violated not only the law but his own oath of ethics.
I hope your Grandmother has a long and happy life. I admire your concern for her, you are a grandson she should be very proud of.

Bleep

 

Originally posted by: Orsorum
Apparently this is what happened:

She had a regular doctor's appt. at some point a few months ago, and at that time the doctor found a growth on her liver and had her get a CAT scan. She came back for the results a week later, and when she did my two aunts talked with the doctor before he was to meet with her and asked him not to tell her about the results.

Apparently one of my aunts has already spoken with my sister about it (just graduated from law school, knows "the law", etc.), because I had talked with my sister about it before I went to visit my grandma for easter and she asked if I was going to tell Grandma, I said no, and she said something like "Good, I'm glad we're all on the same page."

It strikes me as odd that the doctor would tell my aunts but not my grandma, and as far as I know there's no guardianship relationship between my grandma and my aunts. I could be wrong.

Something about all of this just sounds off, and I'm not sure sure what to do.

Knows the law my ass. Unless, for some strange reason, your grandma gave power of attorney to your aunts, they have NO right to know until your aunt says so. Even then, you aunt still has the right to know whats going on. It sounds like the Doctor broke some HEPA laws there...

 

[richardycc]

look up hippa.

 

[Orsorum]

Originally posted by: ohtwell
Your grandmother should know about her condition.


: ) Amanda

Thanks Amanda. This is all a very new situation for me to be getting into, and I am unsure as to what basis I have for intrusion and how much I should press for answers.

Originally posted by: Skoorb
I'm surprised the doctor told them first too. your grandma is the one who's sick and has a right to know, though obviously your aunts think they're doing what's best.

That's my thought as well, I can't think of any malicious intent beyond a genuine desire to spare her unnecessary grief.

Originally posted by: Bleep
It sounds like the doctor violated your grandmothers right to privacy, he should have never discussed her medical problems or anything with anyone other than the patient unless he has a expresed legal consent to do so. I think you should have a talk with the doctor about this, and also ask your grandmother about what she thinks is wrong with her.
I would think that the Doctor may have violated not only the law but his own oath of ethics.
I hope your Grandmother has a long and happy life. I admire your concern for her, you are a grandson she should be very proud of.

Bleep

Thank you so much for your kind words and your thoughts. I've just spoken with my mom about this and she's going to do some further digging.

Originally posted by: FallenHero
Knows the law my ass. Unless, for some strange reason, your grandma gave power of attorney to your aunts, they have NO right to know until your aunt says so. Even then, you aunt still has the right to know whats going on. It sounds like the Doctor broke some HEPA laws there...

I'm skeptical of my sister's involvement, and that's why I think something's odd. My sister's not stupid, but I doubt she's well-versed on medical law or anything of that sort, as her area of work right now is crim, though she's in that frame of mind where she's a fresh law school graduate, new mother, etc, and she thinks she can do no wrong.

I'll look up the HEPA laws and forward them to my mom for perusal.

Originally posted by: richardycc
look up hippa.

Link?

Thank you all for your help and thoughts.
Nate

 

[Yossarian]

Originally posted by: Orsorum

Thank you so much for your kind words and your thoughts. I've just spoken with my mom about this and she's going to do some further digging.

excuse my bluntness, but what is with this digging bullshit? the decision now is to tell your GM or not to tell her. law, precedent, what your aunt/sisters/cat did is irrelevant. you or your mom should tell your GM the truth.

 

[farscape]

quote:

--------------------------------------------------------------------------------
Originally posted by: Bleep
It sounds like the doctor violated your grandmothers right to privacy, he should have never discussed her medical problems or anything with anyone other than the patient unless he has a expresed legal consent to do so. I think you should have a talk with the doctor about this, and also ask your grandmother about what she thinks is wrong with her.
I would think that the Doctor may have violated not only the law but his own oath of ethics.
I hope your Grandmother has a long and happy life. I admire your concern for her, you are a grandson she should be very proud of.

Bleep


According to HIPAA - unless your grandmother signed papers designating (you aunts) who the doctor could talk to - your aunts have no rights to get any info on your grandmother, nor do they have any say regarding her care and proceedures. Your aunts have no say in the matter. Your mom doesn't have that right either - unless gm signs an OK for that to happen.

Best to your family in this time. My prayers are with you.

EDIT: Spelling

 

[Mermaidman]

Originally posted by: richardycc
look up hippa.

Yes.

BTW, I hate to be a spelling nazi, but it's HIPAA, not HIPPA. Important to know when Googling it.

 

[MDE]

Just tell your Grandmother, that's what I would do. Screw your Aunts, she needs to know what's wrong with her.

 

[Hayabusa Rider]

You need to find out who has power of attorney. Everything hinges on that.

 

[Orsorum]

Originally posted by: WinstonSmith
You need to find out who has power of attorney. Everything hinges on that.

That's why I'm (well, my mom) doing the digging, because my reaction depends on this. My mom is waiting to temper her reaction based on that condition.

 

[Orsorum]

Originally posted by: farscape
According to HIPAA - unless your grandmother signed papers designating (you aunts) who the doctor could talk to - your aunts have no rights to get any info on your grandmother, nor do they have any say regarding her care and proceedures. Your aunts have no say in the matter. Your mom doesn't have that right either - unless gm signs an OK for that to happen.

Best to your family in this time. My prayers are with you.

EDIT: Spelling

Thank you!!

 

[Hayabusa Rider]

Originally posted by: Orsorum

Originally posted by: farscape
According to HIPAA - unless your grandmother signed papers designating (you aunts) who the doctor could talk to - your aunts have no rights to get any info on your grandmother, nor do they have any say regarding her care and proceedures. Your aunts have no say in the matter. Your mom doesn't have that right either - unless gm signs an OK for that to happen.

Best to your family in this time. My prayers are with you.

EDIT: Spelling

Thank you!!

Be careful. This is not precisely true, and that is why I asked about power of attorney. Your grandmother needs sign NOTHING if they have power of attorney, HIPPA notwithstanding. You can get your ass sued though if you are not careful. Find out what you are dealing with.

 

[Orsorum]

Originally posted by: WinstonSmith

Originally posted by: Orsorum

Originally posted by: farscape
According to HIPAA - unless your grandmother signed papers designating (you aunts) who the doctor could talk to - your aunts have no rights to get any info on your grandmother, nor do they have any say regarding her care and proceedures. Your aunts have no say in the matter. Your mom doesn't have that right either - unless gm signs an OK for that to happen.

Best to your family in this time. My prayers are with you.

EDIT: Spelling

Thank you!!

Be careful. This is not precisely true, and that is why I asked about power of attorney. Your grandmother needs sign NOTHING if they have power of attorney, HIPPA notwithstanding. You can get your ass sued though if you are not careful. Find out what you are dealing with.

Indeed. My mom is calling the shots on this one and is going to be the one doing the digging, so I'm basically forwarding this info to her; she's going to talk with a lawyer friend in a few days.

Thanks for the caution.