Home Forums Discussions General Discussion Giving out records to parent

Mom brings in child for a visit. Mom specifically puts herself-only down for the release of records question. Later, Dad shows up, asks for records. We have so far denied him, but he's insistent he is entitled to see the records because he's the father and he is the holder of the insurance the child is using. Is there a cut and dry answer here or do we need consult our lawyer? Or both! Thanks.

If mom and dad are no longer married, there may be something in the custody paperwork. I would ask dad to show you where in the paperwork it shows he can have them.
If mom and dad are still married, you may ask mom's permission and it could be simple.
Amber

You should still ask your lawyer.

You could bring them both in, put the records on the table and start to cut them in half. The parent who objects has custody.

Here comes legal advice from a doctor...take it for what it is worth.
1. I don't think whose insurance covers the kid is an issue. If one parent paid cash for the visit, would that somehow negate the other parent's rights?

2. What is the situation with the parents? Married (both have equal rights) or divorced with some settlement (in which case one might have more of a legal right to records).

Either way, I see some value to King Bert Solomon's approach.

A) Do we know that he is the father? (sometimes step Dads and such provide insurance, even ex- )
B) Do we know that there is NOT some injunction from him having access? (abuse or legal restriction)

Of course we never know the answer to these questions, so...

The simple answer is to ask the Mom if there is a legal reason he does NOT have access to the records. If she can supply one, then the fun begins, because you have to prove this is valid. If she cannot provide one, then he should be given access. But since the restriction was placed by the Mom, put the onus on her to give a reason. Then check with your lawyer or follow Bert's advice (warning, electrons are somewhat tricky to cut )

Thanks for feedback. I figured it wasn't cut and dry.

We have sent all communications about this over to our lawyer. Which now includes a letter from his lawyer. It intones that his client has tried for 2 days to get access to the records.

Our main concern in handing over the records would be if Mom then comes after us. Asking Mom if there is "any legal reason" he can't have access was the best idea I heard, but now we'll wait on our lawyer's pricey advice.

Thanks!

Not to make light of this, but you may want to step back and consider if you are overreacting. I don't mean that in a critical way.

Strip away all the legalities of it and say you do give the records to the father and you document that from all the data you had, it was your belief that he had a right to look at the records. I haven't followed the whole thread, but you could compromise and sit down with him and read through it.

The reason I say this, is the line in your post about the mother coming after you. I have done this for 18 years and been in a number of similar situations, and while we may have done something that was illegal or not confidential, a parent has never "come after us."

I say you put the papers in the middle like Bert suggested..one change though...have very thin hanging wires that are hooked up to a shocking device...see who wants it more...

other suggestions: jello wrestling, warrior dash race, or all out MMA type cage match in your waiting room



obviously i have nothing of substance to add here but agree with above, i would def talk to your lawyer

As a postscript, our lawyer said ask for ID and then give him the records, so that's what we did.

It is relatively simple. If they are divorced, they have to have a settlement which is approved by judge. Usually it is spelled out very clearly who has a legal custody. Sometimes one parent has full custody and then dad is going to take a hike in terms of looking at records, or it is a joint custody and then you have to share no matter what mother says. You should ask to see this settlement agreement.

BTW, the fact that father is paying for insurance means nothing. Except that he is paying for insurance.If mom has full LEGAL (not physical) custody, he is out of luck.

I dare to say your lawyer is wrong.

Consider the situation when you are treating this child for emotional or physical abuse by his own father (mom alleges). Even then you have to provide records to father if they have joint custody. It all depends on legal custody right. Mom has full custody and you violate it! Ouch!.
I had once a pt, his father was in jail for physically abusing this child, my Pt. And yet judge granted visitation rights to this criminal and mother had to take a kid to jail on schedule. Only in America.

I go back to the putting the onus on the Mom. She is really the one putting up the restriction.

WHY can't he see the records?
A) He's not the father
B) There's a legal injunction from him having access to medical records
C) She just doesn't want him snooping.

Obviously the last one is not a valid reason. If she cannot provide a valid reason he gets access.
EOL

All of us here are expressing opinions with only minimal information about the situation. How can we give informed answers without knowing the basics requested above (e.g. are the parents married, divorced, etc.)? It would be logical to assume that the lawyer knows more of these facts than we do (aside from knowing a bit more about the law).

The perverse part of this is the cost-shifting of whatever drama is going on in their lives (real or imagined) to your practice. I wonder if practices should have a disclosure form made up that stipulates that any issues about records and similar are now referred to your legal counsel, and they charge $XYZ per hour, along with your administration fee. The ante is $XYZ, and in the event of conflict, loser pays.

I don't know Indy. Good idea but I don't think it is going to fly. First a patient with legal rights to their record isn't going to want to wait for the record to be sent to a lawyer. It may be legal to do so, but I would see it causing problems.

Second, what happens if one parent loses and is deemed to pay? If that person just reneges on the deal, the lawyers are going to want someone to pay. And that would likely be the practice.

Bert,

My goal would be to shift the drama between her lawyer/his lawyer away from the practice. As Wendell says, if she claims sole access - let her and her lawyer convince your lawyer, and they can pay your lawyer for that valuable service. Doctors practice medicine, leave them out of it.

Whoever "wins" gets what they want - at that point the lawyer(s) are exercising their E&O insurance, they tell you what the disposition is, and you move on with sending/not sending said records and keep focused on medicine.

Lawyers are *very* skilled at getting paid, let them handle all of that.

Legally, Non-custodial parents ARE still entitled to medical records .... period.

All dad should need to show is a birth certificate and ID confirming he is the person listed on the birth certificate.

This is true but...

Often the father is NOT on the birth certificate.
Parents can loose parental rights for a variety of reasons.

I would agree he should have access unless she can provide reason why he should not. The onus is on the parent trying to restrict the access.

A variation on this sometimes occurs with parents who have lost parental rights and the child has been put under the custody of the grandparent or other relative. Usually in that case Child Services is in the picture, but sometimes not.

Not in Georgia.