Article Abstract:
The question of adoption and the right to inspect medical records involves the rights of the parent of the adoptee, the adopting parents, and the adoptee and whether or not there is a right to inspect part or all of the adoptee's medical records. In an uncomplicated situation a patient's right to inspect a medical record is based on having attained the age of legal majority. The conflict arises between the access rights of the adoptee and the confidentiality rights of the natural parents. An approach for the medical records practitioner is the balance-of-interest approach taken by some courts that have held that all medical records not relating to the adoptee's natural parents should be made available to the patient.
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Article Abstract:
Over two thirds of the states have enacted legislation requiring reporting of impaired or disabled physicians. The question arises as to what extent medical records can be considered confidential and are therefore unavailable to be used as evidence against a physician. Medical Record practitioners should be hesitant to release medical records in such cases without the patient's consent. However, if the information is legally authorized to be released, the patient's name and address may not need to be supplied. Each medical record practitioner should consult with legal counsel to determine the scope of the physician-patient privilege.
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Article Abstract:
The law provides little guidance to determine the access rights of a minor's medical record; however, the general rule is that a hospital may release a minor's patient record only upon authorization by a guardian or parent. The general rule for exceptions is that when patients can consent to treatment then they also can exercise control over medical records. Each general rule has exceptions depending on the state and the individual's circumstances. In states with ambiguous statutes practitioners should seek legal counsel.
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