QUESTION

Is there a statute or code requirement in writing that allows a physician to read the patient’s history?

Asked on Sep 19th, 2012 on Personal Injury - Virginia
More details to this question:
N/A
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6 ANSWERS

Ronald A. Steinberg
Did you sign a "Consent to Treat" form? If you did, then the doctor is permitted to learn everything about you so he/she does not make a mistake when treating you.
Answered on Jul 05th, 2013 at 5:54 AM

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Is this your physician?
Answered on Jun 27th, 2013 at 9:28 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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I assume by "patient history" you are referring to medical information, either in terms of forms completed by a patient or as reported by a patient. If you mean something else by "patient history" I cannot give any answer as I do not know what else that term could mean. In addition, I assume you are referring to a physician reading a patient's history given to another medical provider not associated with the physician. A physician could read a patient's history provided to him or her or someone else associated with the physician. Taking into consideration the assumptions discussed above, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") would apply. There may be other statutes, codes or regulations as well but HIPPA is the most widely known and used. HIPPA protects a patient's medical information and indicates when medical information can be released or disclosed without a patient's explicit authorization or consent. However, it is common that many physicians have patient's sign authorizations (or a similar document) so the physician can obtain and review medical information from other medical providers. A patient's history, as well as other medical information, is usually necessary for a doctor to be able to evaluate and treat a patient. In addition, depending on the exact circumstances, authorization/ consent may be implied or specifically permitted by HIPPA. If you believe your rights under HIPPA have been violated you can file a complaint with the U.S. Department of Health and Human Services Office of Civil Rights. You can also contact Nebraska's Department of Health and Human Services as well.
Answered on Sep 28th, 2012 at 11:24 PM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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Not that I am aware of.The physician is mandated to act according to the standard of care. Reading the history is probably within the standard of care, particularly if his failure to do so caused some type of adverse consequence in his treatment.
Answered on Sep 24th, 2012 at 11:02 AM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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How can they treat you properly without reviewing your history .
Answered on Sep 24th, 2012 at 11:02 AM

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Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
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It depends on what the physician is treating the patient for, but generally getting the patient's history is part of the treatment requirements.
Answered on Sep 20th, 2012 at 2:52 PM

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