Question

A patient’s son comes in to your office demanding copies of his mother’s medical records. When...

A patient’s son comes in to your office demanding copies of his mother’s medical records. When looking at the medical record, you notice that the mother has not granted permission for her medical records to be released to her son. He states that his mother’s worsening dementia gives him the right to see the records so he can help her with her medications and care.

What should be done in this situation? Should he be given the information? What laws are in place to protect the patient? Are there any viable reasons that the son should have access to the medical record?

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Answer #1

The medical records should not be given to the son, as the mother’s request to not give the records to her son should be considered while deciding the course of action of this situation as each and every patient has the right to privacy and confidentiality for his or her personal medical records due to the HIPAA Privacy Rule.

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