Doctor insights on:
Legal Issues Related To Informed Consent And Refusal
Do you need to have an official mental status evaluation to take over parents finances without their consent?
Legal Issue: Obtaining durable power of attorney over one's parent's finances is a legal issue. The laws regarding such matters differ from state to state. In the process of obtaining control of one's parent's finances without their consent, they would both need to be deemed incompetent by the court. Competency can only be determined by an official mental status evaluation. ...Read more
Informed consent is the process of communication between a patient and physician that helps a patient make an educated decision regarding a medical intervention. The physician must provide thorough information to the patient regarding his/her diagnosis, potential treatment, risks and benefits of the ...Read more
Geriatrics md: how could daughter sign mom up for nursing home without consent and then deny medical sibling access to info?
Need a bit more info: What state are we talking about? Does daughter have durable power of attorney? What do you mean when you say "medical sibling"? The best thing may be for you to discuss this with a lawyer who deals with these issues on a regular basis. ...Read more
How can mental health issues be diagnosed if the patient is unwilling to acknowledge any problems?
Examination: Just by talking and examining a patient we can often diagnose mental health problems even without them admitting they have a problem. The key is getting them in to see the doctor. ...Read more
Why do so many medical offices ask for unnecessary & intrusive personal information (ssn, drivers licenses) unrelated to medical records?
Required by law: It is required by law & insurance contracts that they have with companies & that you signed with those same companies. They need to make sure you are who you say you are & that they have proof. Also, if there is any legal question in the future, they can prove that they verified your identity. Finally, insurance companies use this info to track your health & put it into a central database. ...Read more
What good is hippa rights if all drs. have access to personal information even stafff knows my health issues ?
HIPAA: Even if a facility uses an electronic health record system, that is not an open invitation for any one physician or staff member to peruse your record. The bottom line, is that provider / staff would need to have a bonafide reason to access your record. ...Read more
My boyfriend has herpes - we are able to communicate about the health concerns, but he is unable or unwilling to discuss the emotional issues. Help?
Talk: Tell him this is not a deal breaker, if it's not, but it takes some agreement on how to handle it physically & emotionally. It's worth dealing with if you love him, but it's a responsibility he has to step up to. Pretending it is not an issue is not an option. Are you going to use condoms, which are not 100%, or are you going to be infected? Is that okay with you? If it is, tell him. ...Read more
State laws: Texas law, as in other states, determines who can legally give consent for a treatment. Until a kid reaches 18, the parents are given that right/responsibility. If the kid is "emancipated", living on their own over 16 or has been given that status but a court, they are exempt & can consent. Some issues like std treatment & reproductive health are exempted from that rule as a public health issue. ...Read moreSee 1 more doctor answer
In states with no HIV specific laws, are HIV poz. People still required required to inform future partners and face legal issues if they dont?
That is beside: The point. Common human decency would require disclosure of that information but that requires people of conscience. The law can offer no consequence that would be worse than knowing you (rhetorical) were the cause of transmitting HIV to an unwitting person without regard. If you have any questions about an individual's status refrain from any sexual activity. ...Read moreSee 1 more doctor answer
What is the legal accountability of the ppo primary care? We don't need someone with preceived authority but with no real accountability to me. Accountability/liability and authority go hand in hand
Please see below: Noted several of your posts. Sounds like u r pretty frustrated & angry. Perhaps at a provider &/or insurer. I'm not sure anything we can say here will help much. If ur issue is w a provider, i'd encourage u to try to work w them to clarify a poss misunderstanding. Or get a 2nd opinion. Dealing w an insurer can be more difficult & may require persistence. But try working w their cust svc. Take care. ...Read moreSee 1 more doctor answer
Any other non mental diagnosis code besides 300.00 for anxiety to give Zoloft (sertraline) for, so not to label my child as mental health disorder?
Aren't we all considered dysfunctional to a degree, unless properly informed or educated? Public school didnt correct my upbringing lol
People would pretty: boring if we didn't all have little quirks. The question is - to what degree do our quirks cause problems in our life or the lives of others. Take care. ...Read more
Unable to get any health info or nursing care plan on mom due to hipaa. She signed both of us as poa in tx but in this state can be only 1. What to do?
What constitutes interference of health care? Facility wants to evict elderly resident due to visits from friend allegedly interfering with her care.
The answer: is a LEGAL one NOT a "medical" one! 'Interfering" needs definition and more information needed to define! Forcing the RESIDENT out does NOT seem "fair"!! Hope this helps! Dr Z ...Read more
Legal question: I happen to have a good friend who's a lawyer whom I just consulted: The age of majority varies by state but most use 18. Once you reach the age of majority, you can do anything you want without parental consent. Here's the list: all are 18(except Alabama (19), Nebraska (19 or upon marriage),Puerto Rico (21) and Mississippi (21)) However, you should rely on wiser people before considering surgery ...Read moreSee 1 more doctor answer
Varies by state...: The rules vary by state, by disease or condition being treated, by legal status of the minor, etc... It can get confusing, so takes some online research in each state. Usually, conditions regarding reproduction (normal teen sexual issues) are private, as well as substance abuse (smoking, marijuana, alcohol), and mental health issues such as depression. The child can choose to involve the parents. ...Read more
Not exactly: You can appeal anything in your medical record. You can submit a letter outlining why you think there is an error. The physician has 60 days to respond to this request for change in the medical record. They are not required to make the change, but they must notify you of the decision. If they refuse to amend records, you may submit a formal written disagreement that must be added to your file. ...Read more
When being primary caregiver for aging parent with worsening mobility issue, how to not be abused by them and losing self?
Overwhelmed: If i understand your question, you feel overwhelmed physically and mentally. Your health is just as important and you of course can't take care of your parent if your health deteriorates. Try to get nursing help for the parent if they qualify, try to get other family to help, talk to friends and if needed, psychologist/psychiatrist. It can be overwhelming, dont do it alone. ...Read more
What are labouring woman's legal rights to refuse treatment she isn't convinced of? Do maternal rights trump fetal rights? Can doctor force treatment?
Total control: Women in labor might not be in the best physical/mental condition to make intelligent choices. But legally they have the final say in what could be done after their doctor explains the possible choices. This would include the risks of making the wrong choice. ...Read moreSee 1 more doctor answer
Depends on variables: There are a few legal situations where these drugs can be administered to minors and most require the kid to be in custody or a ward of the state. Most states give parents control of the medical decisions for their children to a specified age, usually 18, at which point the parent may be required to ask the kid for permission to know the treatment they are on. ...Read more
18 or 14: Depends on the issue. For general medical issues the age is 18 years. For issues involving sex, drugs, alcohol, mild psych issues, smoking, or pregnancy, the age is 14 years old in most states. You might need to check your state laws to see what they are specifically but those are the general laws in most states. ...Read moreSee 1 more doctor answer
A dilemma: A nervous patient needing an extraction wants to know exactly what is about to happen. He obviously has elevated BP due to nervousness, I am about to raise it even more with the anesthesia (epi). Do i really need to explain the details of how i will cut the gums and bone and the inherent dangers? Will this not increase the risks to him & what will it accomplish? There's no real alternative tx! ...Read moreSee 2 more doctor answers
Patient-doctor: The doctor/patient relationship is so important to achieve a positive outcome. The doctor discusses: the diagnosis or problem that is being addressed, the options that are available to correct the problem, the pros and cons of each option, his or her recomendations and why, risks/benefits, likely outcome and clinical course, if it involves a procedure the surgeon should relate his own experience. ...Read more
Risks benefits: and alternatives of proposed treatment are discussed ...Read more
Legal definition: Ic is a responsibility that a physician has, to reveal what a reasonably prudent physician employing reasonable care would tell a patient as to whatever reasonably foreseeable risks of harm might result from a proposed course of treatment. This disclosure must be done in a way that a patient, exercising ordinary care can intelligently exercise judgment by balancing probable risks and benefits. ...Read more
What should you do if you are supporting someone who cannot give informed consent to medical procedures?
Power of attorney: Or a advanced directive by the patient ...Read more
Informed Consent: Hello! this is a form that explains what procedure you are having, why it is being done, the risks, benefits, and allows you to ask the doctor any questions you may have prior to saying you will allow them to perform anything on you. If you don't agree with what is in the informed consent, you don't sign and the doctor cannot perform the procedure.. ...Read more
What ????: The Question makes no senseGet a more detailed answer ›
It shouldn't: All procedures should go through an informed consent process regardless of who is doing the procedure. You do not need to give consent to be seen by a resident. It is your choice to go to a teaching hospital. If you don't want that, don't go there. A resident is a licensed doctor who is undergoing specialty training. ...Read more
Most definitely: In the end, it's your decision since they singed that away to you, but it's the only right thing. ...Read more
Informed consent: First there is a discussion of your health issue, and recommendation for treatment. Alternate treatments and questions from patient will be answered. Your support, family and friends will be involved. The process is more about the risk/benefit analysis, and making the best decision for your health. Its not about your level of information retention. Make sure your family is with you. ...Read more
Another doctor: If your doctor hasn't made arrangements to properly inform you about the risks, benefits and alternatives to surgery as well as other important things like what the scars will be like, how to care for incisions or physical restrictions post-op, then it is probably time to see another doctor unless you are on death's door. It's the doctor's responsibility, not the nurse's! ...Read more
Tpa (alteplase) fail & they wait to do surgery until family is located. Too late by then for surgery. Er dr couldnt do surgery cuz he didn't have informed consent.?
Not nessecarily: It depends on the situation and the emergent nature of the procedure needed. It is always preferred, to have informed consent prior to doing anything, but under certain situations/emergencies a life saving procedure can be performed even if informed concent is not possible. ...Read moreSee 1 more doctor answer
Sir, my problem is short term memory. we read book and after 10 minute i forget. this is big issue for my life if any solution please inform me.
ADD?: please get yourself checked for possible attention deficit disorder (ADD). Doing many tasks at one time, may also make you forget ...Read more
None: There is no cholesterol in jaggery. However, you do need to control your intake of sugar. For good health - Have a diet rich in fresh vegetables, fruits, whole grains, low fat milk and milk products, nuts, beans, legumes, lentils and small amounts of lean meats. Avoid saturated fats. Exercise at least 150 minutes/week and increase the intensity of exercise gradually. Do not use tobacco, alcohol, weed or street drugs in any form. Practice safe sex. ...Read more
Informed decision: Informed decision = being educated about options before making a choice or giving consent. ...Read more
WHOMEVER IS : In her/his hippaa form.Get a more detailed answer ›
Not enough info.: Similar to what? Please re-ask and clarify. ...Read more
What could be the problem I am staying with my brother he informed me this morning that I was crying while asllep?
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