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Topic: Parent's Rights or Kid's?
MsCarmen's photo
Thu 04/23/09 06:42 AM
This was an article that was in one of my local newspapers.

http://www.tricities.com/tri/news/local/article/parents_rights_or_kids/23198/

It basically states that the father took his son to the doctor’s office two months ago because the 13-year-old was having problems with some medications he was taking. The doctors asked if they could perform a drug test, because they wanted to see if the teen might be taking any illegal drugs that could have an adverse effect on the medication.

The father then asked to see the results of the drug test, but the doctor wouldn’t allow him to, saying it would interfere with his son’s right to privacy.

The doctors would only release the information if they got permission directly from his son. The doctor’s office called the house twice to try to get that permission, but both times the father said he refused to let them talk to his son.

I always thought that when you took your child to the Doctor's office, you were entitled to all information regarding your child's medical history. I'm wondering when did that change, and does it apply to all states?

Also too, if the Doctor is so concerned about the child's right to privacy, what right does he/she have to tell the parent about any medical information concerning the child? Wouldn't that give the child grounds for a lawsuit for breach of confidentiality? I know that question sounds crazy, especially if it was a life or death medical condition, but it does open up a "new can of worms" so to speak.

I am siding with the Father on this issue. When I take my child to seek medical attention, I feel that I am entitled to know every detail, good or bad, that is involved with diagnosing their medical condition as well as any medical history that office has obtained about my child. I believe that is my right as the parent, and no one should be able to prevent me from having that information.

What do you think?

JasmineInglewood's photo
Thu 04/23/09 06:46 AM
methinks it'd be the parent's right to know... ohwell


Winx's photo
Thu 04/23/09 06:46 AM
My child is my responsibility until they're 18 years old.

I would find another doctor.:angry:

FreeToB's photo
Thu 04/23/09 06:47 AM
13 year old kids don't have any right to privacy from their parents. The world has gone insane.

ReddBeans's photo
Thu 04/23/09 06:48 AM
I think the doctor is gonna give me my child's medical information or I'm gonna cause one h*ll of a stink up in that officeshades

ladywolf9653's photo
Thu 04/23/09 06:48 AM
I would agree with the father...I'd want to know if my teen was doing drugs. Googled the issue, however, and came up with this.

According to an article about HIPAA and teens' right to privacy: minors will only control their medical records when states explicitly authorize them to do so. When state law either requires or permits disclosure to parents, the regulation allows the health care provider to comply with that law. But when a state is silent on the subject (as most of them now are), it is up to the health care provider to decide whether to maintain the confidentiality of those medical records or disclose them to a parent requesting access to those records.

The only noted exception is a state by state requirement regarding abortions.






Mr_Music's photo
Thu 04/23/09 06:49 AM
Edited by Mr_Music on Thu 04/23/09 06:49 AM
I'd have to side with the father, too. As long as that minor child is under my custody, and is my own blood, I would want every access to any medical condition. Obviously, I can uderstand if it was somebody outside the family other than his parents, but to keep medical information about your own child from you ain't right. Any doctor that would prevent me from that, and I'm gonna be one tough S.O.B. to get along with, I promise you.

ledi180's photo
Thu 04/23/09 06:49 AM
I concur with this comment


My child is my responsibility until they're 18 years old.

I would find another doctor.:angry:

plk1966's photo
Thu 04/23/09 06:54 AM
Many laws have changed since the new right to privacy act was passed............

13 though is a young age to allow someone to be in charge of their own rights...........

I do know that in my state you are in charge of your own mental health at the age 14, which means if you feel your child needs to see a counselor for any reason the child has the right right to say no.

Monier's photo
Thu 04/23/09 06:55 AM
I hope that doctor gets sued, even if there is some sort of twisted messed up law someplace that states minors have right to privacy from their parents.

The law states parents need only to feed, cloth and house their children. If that 13 year old was my kid and the doctor kept information from me and the kid went along with it, it would be the start of 5 years from hell for him until his 18th birthday when I'd tell him to go ask his doctor buddy for a place to stay.

Kids have no rights, they are pretty much slaves until they hit legal age. Anybody who supports rights for kids that excludes their parents should raise them and spare the rest of us the trouble.

Lilypetal's photo
Thu 04/23/09 06:59 AM
US Department of health Q & A on child medical privacy.

http://www.hhs.gov/hipaafaq/personal/227.html

Winx's photo
Thu 04/23/09 07:05 AM
About 10 years ago a friend of mine took her daughter to counseling. I think the daughter was in her second year of high school. The counselor wouldn't tell the mom anything about the sessions. My friend didn't like that. She wanted to know how her daughter was doing.

MsCarmen's photo
Thu 04/23/09 07:07 AM
I agree totally with all of you. As a matter of fact, the father was quoted saying

“Our children belong to us,” Daugherty said as he questioned the doctor’s rationale for refusing to release the test results. “The only rights my son have is what I give him.”

And I understand, to a point, about not giving up information in potential child abuse or neglect cases in which doctors think releasing the medical information would end up hurting the child.

But then another person who is for the right to privacy wants to argue the fact that "many young people may not feel comfortable talking about their medical condition with their parents, especially when it came to topics like sex or reproductive health. As a result, she said the bill could discourage them from getting medical attention."

But I'm thinking, "What gives you the right, to withhold that kind of life-altering information from me as the parent?" So if my daughter becomes pregnant or contracts an STD, I have to hope and pray that she'll come to me and tell me and if she doesn't I'm left in the dark? I'm sorry, but regardless of how good or bad the news may be, I have a right to know so I can be aware of my child's condition.

Lilypetal's photo
Thu 04/23/09 07:09 AM
Edited by Lilypetal on Thu 04/23/09 07:09 AM
I think there are different rules for physical and mental health records. But, I'm too lazy to look them up.

ladywolf9653's photo
Thu 04/23/09 07:26 AM
Ironically, they'll withhold information such as the results of a drug test, yet turn around and blame "bad parenting" should the child do something against the law.

MsCarmen's photo
Thu 04/23/09 07:28 AM

Ironically, they'll withhold information such as the results of a drug test, yet turn around and blame "bad parenting" should the child do something against the law.


Go figure! slaphead

TxsGal3333's photo
Thu 04/23/09 07:36 AM
Yeah kids rights okay I would have told that doctor I got one for you put this bill under my son's name since it is his right then you can collect from him good luck with that.

Hey as long as they are under 18 the parent is liable for their actions and we should have the right to know what they are up to as well.

dia_licious's photo
Thu 04/23/09 07:57 AM
*cough*lawsuit*cough*


all medical practitioners are required by law to release any chart notes, files, medical history, etc to the parent if the child is under 18. when you're under age, you have no RIGHT to privacy.

no photo
Thu 04/23/09 08:08 AM
So............ it was all legit to ASK THE PARENT if the test could be run, but NOT LEGIT to give the info to the parent he asked permission from????????????????? So, yeah, good luck with the bill!! The kid would have already known HIMSELF if he was taking illegal drugs.

THIS IS ALL SO STUPID!! We are all so screwed with this HIPPA GARBAGE!!!

franshade's photo
Thu 04/23/09 08:13 AM
rofl my child (when she was underage) had the right to remain silent.... end of story...........rofl

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