Can my mother husband be the only one knowing information about my mom who's in a coma

5 views 3 answers
She has been a coma for three days they dont know why the have been running alot of different tests n still no results and she getting worst

Attorney Answers

3
Stuart Address ·
First, every state has different laws. You need to disuss this with somneone in Michigan. Second, the primary person who medical personnel will speak with typically is a spouse; not necesarilly a child. Third, your mother may have signed papers about who her medical condition can be discussed with and it likely mentions her husband but she may not have thought to include you or any of the other children. In this case, if she is in a coma, you may be out of luck as if you were not on the authorized list of people with whom medical personnel can discuss your mother's condition they may not due so for fear of litigation. Fourth, is there a reason you are uanble to get the information from her husband? If so, you might want to see if you can resolve it as opposed to potential litigation while your mother is in a coma. Fifth, while not technically "kosher", if you make friends with a nurse or doctor you may find yourself being able to get some information on the QT. i hope this helps.
0 upvotes
Matthew Quick ·
I completely agree with Atty. Address. If you would like more information on the protections around your mother's health information (more specifically, the law called the Health Insurance Portability and Accountability Act "HIPAA") follow this link: http://attorneymatthewquick.com/?p=655 . Please let me know if I can help further.
0 upvotes
James Frederick ·
I also agree with Attorney Address's analysis, but there is not enough known to fully answer your question. Did your mother sign a Power of Attorney form? Did she sign any medical directives indicating who should receive information? The relationship between you and her husband sounds as if it may be strained. In that case, there may be reasons why he (and your mother), would have wanted him in charge and not you. The BEST answer is to try to work with him to assist your mother. Let him know you are concerned and are willing to help in any way you can. Let him know that you would appreciate him keeping you posted on her condition. If this is handled the right way, then you may be able to defuse the situation and get the information you need. If there ARE estate planning documents in place that exclude you from receiving information, then it will be very difficult for you to circumvent this. This is one of the situations that HIPAA was designed for. Best of luck to you and your family during this difficult time! James Frederick
0 upvotes