Non relative gaining patient information

Nurses General Nursing

Published

this is a sorted story and i will apologize if this gets really long but i could use some advise.

my 18 year old is in the icu with pneumonia as a complication from the flu. he is heavily sedated and obviously not able to advocate for himself. he is a college student and his father and i are divorced. the issue right now is the ex husband's girlfriend. she apparently is a nurse and has called the hospital telling them she is a step parent and demanding information on my son. the staff knows that she isn't welcome in my son's room, there is no relationship..he has never met her before.

is this a violation of the hipaa laws for her to be doing this? she was trying to get specifics on his treatment, and she is in no way a part of the team that is treating him. she tried using a general power of attorney from my ex and the hospital legal department shot that down, they will only give her general info. any suggestions on how to handle this? it's already a difficult time that she is making worse.

thanks!

Up Vote Up Vote ×
Specializes in CCU, SICU, CVSICU, Precepting & Teaching.
this is a sorted story and i will apologize if this gets really long but i could use some advise.

my 18 year old is in the icu with pneumonia as a complication from the flu. he is heavily sedated and obviously not able to advocate for himself. he is a college student and his father and i are divorced. the issue right now is the ex husband's girlfriend. she apparently is a nurse and has called the hospital telling them she is a step parent and demanding information on my son. the staff knows that she isn't welcome in my son's room, there is no relationship..he has never met her before.

is this a violation of the hipaa laws for her to be doing this? she was trying to get specifics on his treatment, and she is in no way a part of the team that is treating him. she tried using a general power of attorney from my ex and the hospital legal department shot that down, they will only give her general info. any suggestions on how to handle this? it's already a difficult time that she is making worse.

thanks!

wow! i'm sorry you're going through this! i don't have any legal information for you -- it sounds as if you have it under control. it is a violation of hipaa laws, but not for your son's father to have this information and he will probably just share it with his girlfriend anyway. it seems to me that it's him you need to be communicating with. tell him you don't want his girlfriend involved in your son's care or treatment decisions. but there may not be much you can do to keep her out of the loop completely. it depends upon your relationship with your ex and his relationship with his girlfriend.

believe me, i know how difficult these types of situations can be, and i'll be pulling for you. good luck to you and your son.

Up Vote Up Vote ×

I sympathize with your dilemna. Unfortunately TOS does not allow legal advice.

This is a board for nurses and nurses-to-be to discuss primarily nursing issues. This is not a free legal advice board. Please be aware that allnurses.com cannot be responsible for problems resulting from reliance on legal advice received here. If you have a legal problem, please seek legal counsel.
https://allnurses.com/terms-info.html

Again I hope your son makes a speed recovery.

Up Vote Up Vote ×

I'm so sorry about your son. How's he doing? I'm praying for you and your family.

About the ex's gf, my advice is just focus on your son. Sounds like the hospital is taking care of her. Just a "flip" side of the situation, maybe she cares about your ex very much. This includes his children. I can't imagine your situation, so I won't even try. But right now, your son needs both his parents fighting for him. Nothing else matters, right?

Big (((((((HUGS))))))))) your way. Please keep us posted on your son.

Up Vote Up Vote ×
Specializes in Oncology/Haemetology/HIV.

First, are you (theOP) a nurse?

(And now, I now I will really stick my hand in it and leave it to be potentially bitten off)

Second, have you spoken with your ex spouse regarding this issue? And if not, why not?

Third, have you spoken with the "girlfriend"? And if not, why not?

Fourth, this is a nursing BB. The issue that you are coming to us is not: "My beloved son is hurt - what can I, his father and all of those around him who love and care for him best help him/heal him/cope with the issues that his illness creates for his good outcome".

It is more : "Someone else is getting "something" that "I" should be getting. I don't want to look "bad" by speaking to them about it, so I'll use the "system" to "prove" that I am in the right and "they" are wrong.

-------------------------------------------------------------------------------------------------------

When people get divorced, it somewhat throws a wrench into the system. Since your son is an adult, but unable to speak for himself, barring hime being legally under someone else's jurisdiction/married, you and your ex-spouse have the most "rights" to him and his info. However, barring locking every other person out of his hospital room, most visitors (theoretically friends and supporters of him and also of his recovery) will have some knowledge....they can read monitors, see whether he is pain, notice the IVs and meds, see isolation signs, know whether he can have visitors, etc. I can guarantee that, as a nurse, when I visit I loved one in the hospital, I leave there with much more info than is told to me in the room.

And as this girlfriend is part of your spouse's life, whether you like it or not, she is going to privy to your son's information. If nothing else, if they are truly close, your ex-spouse is going to discuss procedures/tests/outcomes with her. You can ask him not to, but chances are is that he will, just to help himself cope with this issue.

What you should do in this situation, is if you are upset with your exe's girlfriend being involved in your son's care, is;

DISCUSS IT WITH YOUR EXSPOUSE AND /OR THE GIRLFRIEND!!!!!!!!!!!!!

-----------------------------------------------------------------------------------------------------

Could you scream"HIPAA" - sure........and about the time that you do, the hospital clamps down and NO ONE gets information without jumping through multiple hoops..... not you, not your exspouse, NO ONE. Especially if your son becomes even remotely lucid. Legally, it becomes easier to say nothing to ANYONE, and not deal with the hassle....even though this makes it extremely hard on ALL the loved ones, parents , family, many of whom could assist in recovery if there were more openness. It also well insures that you will find it hard to get info.

Family issues need to solved within the family - and if you/them need professional couseling to deal with it and learn to communicate....it still should not dumped on the staff caring for your son. Their focus should be caring for your son, not playing legal defense/the info police...making sure that no one visits that might get one iota of info whatsoever.

Please focus on loving your son and helping him get better and thrive, no matter who is also in his life. That is the most important thing.

Up Vote Up Vote ×
Specializes in ER, NRSurg.

Pick a password and have it put on the chart that any one asking for information must know the password . . .simple enough and many facilities are giving POA's/Parents a HIPPA password so that nurses can easily dicern who they are able to give information to. The CM's place it on the inside cover of the chart so that it is the first thing that you see when you open the chart. No password no info!

Up Vote Up Vote ×
Specializes in Oncology/Haemetology/HIV.

The problem would be that if ex-spouse still gives GF info or password.

I have had several (not one but several) cases of men giving several different GF/wives/"friends" their password. After the third different woman calls, saying she is the wife, gives the PW, then goes out and brags about how she found out "X" or "Y" about her man, someone gossips to one of the other women involved, and you have a password/info access war going. It gets ugly.

And in the OP's case, it doesn't solve the underlying problem. She needs to examine why this issue bothers her so much and discuss with the individuals involved. These are not random strangers or distant friends. They are all emotionally involved with the pt and his outcome, and may have to support his recovery, thus have a vested interest. And chances are they will have to deal with one another during that recovery.

Up Vote Up Vote ×
Specializes in ER, NRSurg.

True, The EX does need to be delt with, which is not always the easiest thing.

Up Vote Up Vote ×
Specializes in Oncology/Haemetology/HIV.

Update anyone?

Up Vote Up Vote ×
Specializes in Ortho, Case Management, blabla.

Family issues need to solved within the family - and if you/them need professional couseling to deal with it and learn to communicate....it still should not dumped on the staff caring for your son. Their focus should be caring for your son, not playing legal defense/the info police...making sure that no one visits that might get one iota of info whatsoever..

THIS. There have been patients I've spent more time trying to figure out which family member is allowed to know what than I've actually spent with the patient!! It really isn't fair. Considering the fact that the kid is 18 maybe the hospital just needs to clamp down altogether and stop giving out information altogether. Problem solved!

Up Vote Up Vote ×
+ Add a Comment