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My son 28 was arrested at home then admitted to a hospital…

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My son 28 was arrested...
My son 28 was arrested at home then admitted to a hospital with a collapse lung. When I called when he was in the emergency room the nurse asked him because of hipaa laws could she answer my questions. He said yes. I was told a cat scan showed fluid on his lungs and his lung had collapsed. They put a tube in his lung and he was stable. I called eight hours later to inquire about is progress and suddenly he lost his right to allow me to stay informed about his status because an officer decided I am not allowed to know anything because he is a ward of the state. My son already gave verbal permission prior so it's the officer who is denying me a simple update of his condition. I didn't ask to speak to him nor to visit. I asked only his health status. Fair, Good, Critical. The officer refuses to allow the hospital staff to tell the answer to that one simple question. He hasn't been arraigned nor found guilty therefore how can his hipaa rights for his next of kin to know what his health condition is be stripped from him? No one on the hospital staff of police force can direct me to the Ohio revised code that makes it legal to keep his health status from me his mother, next of kin whom he gave permission to release said information. If this is legal could you direct me to the policy that permits this and if it isn't legal the policy that supports that so I can fax it to Risk Management at the hospital?
Submitted: 2 years ago.Category: Legal
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Answered in 1 hour by:
2/24/2016
Lawyer: Gerald, Esq, Lawyer replied 2 years ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,241
Experience: Over 30 years of experience
Verified

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

This is classic over reaching by law enforcement authorities to isolate your son in the hopes that they can manipulate him into making a confession. Your son needs legal counsel IMMEDIATELY. He very likely has been persuaded by law enforcement that that is not necessary and makes him look guilty.

I am aware of NO law that allows law enforcement to direct or dictate an individuals HIPPA rights. The law allows correctional facilities to be educated as to the over all medical condition of a prisoner in their charge. It does not allow law enforcement to dictate who the patient authorizes to obtain this information.

It is also suspicious behavior on the part of law enforcement because we do not know how your son was injured.

I am sure that costs are an issue, but please contact your son's attorney, or arrange for your son's attorney so that his legal rights and his health can be protected. It is vital to his civil rights that you do so.

See this article for a detailed discussion on this issue:

https://www.law.uh.edu/healthlaw/perspectives/Privacy/030128HIPAAs.pdf

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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