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Mothers Rights

Posted by on Jul. 9, 2012 at 2:36 PM
  • 10 Replies

So Im recently divorced and my Ex husbands wife took my son to the hospital her taking him to the hospital was not the problem the problem I had was when I went into the hospital she (my Ex husbands wife) had taken me off of my sons emergency contacts next of kin and added herself as Mother after a investigation and the hospital finally finding out that I was his actual mom I was readded to this list. My Ex's wife has no legal holding over my children what so ever neither my ex or I were present at the time she did this the hospital allowed her to change all this info she. She did fourtunatly leave me to get billed for it. Anyone know if this is illegal for her to change my sons information like that and how I would pursue this the hospital clearly stated she violated a HIPPA privacy act? but wilol not pursue it any further since the problem was corrected (me beinbg readded to his contacts) this is not the first time she has done this she has changed his info on other medical providers records also . I need halp or any suggestions to take this to the full extent of the law .

 

 

confused

by on Jul. 9, 2012 at 2:36 PM
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Replies (1-10):
brieri
by Platinum Member on Jul. 9, 2012 at 2:58 PM

 Hi and welcome to the group.  Since you say the problem is already cleared/corrected probably not much more you can do.  .

sid1083
by Silver Member on Jul. 9, 2012 at 3:14 PM

Maybe try to see if you can get a cease & desist order against her?

momlmj
by on Jul. 9, 2012 at 3:20 PM
1 mom liked this

Seeing that they already resolved the problem I am not sure what you would legally be able to do about that particular incident.  I would however either contact the local police department and file a report stating that she has been doing this and it is causing not only an issue for the hospitals and doctors that he is going to but that it could potentially be putting him at risk because they wouldn't know whom to contact.  Also I would probably put in there that if you are not on his records then she is putting the hospitals and such at risk because if for any reason she needed to sign a consent form and the performed the test and it was found out after that she was not legally going about business.  They could be open for a huge lawsuit.  I would investigate it more with the local police dept and see what they have to say!!

amonkeymom
by Gold Member on Jul. 9, 2012 at 3:41 PM
2 moms liked this

To the best of my knowledge, she is not legally supposed to be able to get medical care for him unless it's a true emergency and even then should not be able to change his information.

keriley1
by New Member on Jul. 9, 2012 at 3:58 PM

I would think since its not the first time its happened you would be able to do something. Idk what exactly but thats ridiculous.

rae021
by on Jul. 9, 2012 at 4:39 PM
1 mom liked this
Is call the police too... Might sound far fetched but that's damn near fraud and pretending to be you! I def wouldn't let this issue go
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Mommyto2LilMen
by Tina on Jul. 9, 2012 at 10:34 PM

She had no right to do that.  in actuality,i think that the hospital and she herself could get into trouble for it. 

MicahBoo07
by on Jul. 9, 2012 at 11:35 PM

 I know for me if my children need to get medial attention then I have to have a written consent to the person taking them to show the hospital or doctor office so they can be present and get the insurance used for my child at the time. I know like at my doctor office u have to have an I.D. on file with them or u can not be with the child unless the parent says it is ok before hand and is written out. You should talk to a lawyer.

Kaseyrose21
by on Jul. 10, 2012 at 12:32 PM

 HIPPA only applies to health companies: Insurance companies, hospitals, etc, it does NOT apply to individuals. Though it is unfortunate, I doubt there is anything you can do.

DDDaysh
by Silver Member on Jul. 10, 2012 at 9:14 PM
Woah! Definitely document this. If anything like it happens again take your ex back to court and have his wife banned from the doctor.
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