Seeking a relative's health history.
November 15, 2010 8:03 AM Subscribe
What rights does a person possess in regards to a family member's health history (specifically mental health)?
My girlfriend has a brother who seems to have a mental disorder that started or first made itself apparent during puberty. I say seems because we're both unsure of any actual diagnosis. He has seen a psychologist/psychiatrist in the past, but my girlfriend is unclear because she was too young at the time to remember. She has asked her mother directly, who has managed to brush it off, and my girlfriend doesn't wish to create conflict, but the mom definitely knows more than she's letting on. My girlfriend wants to know if she might be susceptible to the same "thing" that her brother has, or if any children she has might have in the future be at risk. Does she have any legal standing to this information?
My girlfriend has a brother who seems to have a mental disorder that started or first made itself apparent during puberty. I say seems because we're both unsure of any actual diagnosis. He has seen a psychologist/psychiatrist in the past, but my girlfriend is unclear because she was too young at the time to remember. She has asked her mother directly, who has managed to brush it off, and my girlfriend doesn't wish to create conflict, but the mom definitely knows more than she's letting on. My girlfriend wants to know if she might be susceptible to the same "thing" that her brother has, or if any children she has might have in the future be at risk. Does she have any legal standing to this information?
She has no access to that information unless the brother signs a release with any/all medical providers, just as her brother has no legal access to her medical information.
posted by catlet at 8:47 AM on November 15, 2010 [2 favorites]
posted by catlet at 8:47 AM on November 15, 2010 [2 favorites]
Why doesn't your girlfriend ask her brother if he's actually been diagnosed with something? I assume that they aren't on cordial terms or otherwise this wouldn't be an issue (and/or your girlfriend wouldn't have to go through her mom?)
The area where HIPAA may permit your girlfriend to pump her mom for data rather than her brother is if the brother is still considered a minor and is therefore still a ward of the mother. In which case, your girlfriend would have to ask her mom to release this information.
posted by bl1nk at 9:42 AM on November 15, 2010
The area where HIPAA may permit your girlfriend to pump her mom for data rather than her brother is if the brother is still considered a minor and is therefore still a ward of the mother. In which case, your girlfriend would have to ask her mom to release this information.
posted by bl1nk at 9:42 AM on November 15, 2010
She should talk with her mom about her genetic concerns not go around her by exploiting the system and his rights to privacy. She needs to phrase it to the mom of "I have concerns for my future and my children's future." and go from there. If she continues to blow it off then you have to go by chance.
posted by stormpooper at 9:50 AM on November 15, 2010
posted by stormpooper at 9:50 AM on November 15, 2010
Does she have reason to believe that her family would hide this sort of information from her, knowing it would potentially have an impact on her and her children? Has she phrased the question that way to her mother? Under normal circumstances, I'd take her mother's circumspection about the matter to mean that it's really none of her concern.
posted by Sara C. at 11:51 AM on November 15, 2010
posted by Sara C. at 11:51 AM on November 15, 2010
No, she has no legal right to his private medical information.
Now, if there's a genetic risk to her, maybe she should ask her brother or mother for that information -- a response to that seems more likely than "tell me my brother's secrets."
Why does she think he has a mental disorder that surfaced during puberty? What does she think it is? If she's observing any symptoms (beyond "I think he's weird"), she should be able to form an educated guess based on that.
posted by J. Wilson at 12:38 PM on November 15, 2010
Now, if there's a genetic risk to her, maybe she should ask her brother or mother for that information -- a response to that seems more likely than "tell me my brother's secrets."
Why does she think he has a mental disorder that surfaced during puberty? What does she think it is? If she's observing any symptoms (beyond "I think he's weird"), she should be able to form an educated guess based on that.
posted by J. Wilson at 12:38 PM on November 15, 2010
She has no legal right to this information unless she has Medical Power of Attorney or Healthcare Surrogate.
However, without much more information, it doesn't sound like the brother is unable to make any decisions for himself.
posted by splitinfinitive at 2:23 PM on November 15, 2010
However, without much more information, it doesn't sound like the brother is unable to make any decisions for himself.
posted by splitinfinitive at 2:23 PM on November 15, 2010
This thread is closed to new comments.
posted by Apoch at 8:10 AM on November 15, 2010 [2 favorites]