Legal Question in Legal Ethics in Kansas

physican disclosure responsibility

i have a patient, this person is alert to person, place and time. they are not psychotic or leagally incopentent in any way. anyhow, the son has ''medical power of attorney'' for her. this person had history of cancer, and reciently has been diagnosed with metastatic cancer (spreading thru the body, basically unstoppable). the physician has ordered the care providers NOT to disclose this information to the patient, even thou she is alert and oriented.

he has been following the wishes of the son who does not wish this information to be coveyed to his mother.

does this physican have a legal obligation to inform the patient? am i legally exposing myself by participating in such activity and not doing anything on my patients behalf?

if so, what course of action could i take to force disclosure?

thanks

--name removed--RN.


Asked on 6/03/02, 6:42 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: physican disclosure responsibility

The withholding of such vital information from a patient is stupid. The doctor runs the risk of being sued at some point for this inexcusable behavior. S/he may think it is a kindness to the patient, but in fact we do much better in attending to our own health when we know what we are dealing with. It is not up to the physician to decide what the patient can and cannot know - s/he must be from the really old school.

The POA gives the son no rights in this area.

You are legally free to inform the patient yourself or advise her doctor that you are going to do so if s/he does not. There are no adverse legal consequences to this action on your part, but it could certainly jeopardize your job and your standing with the physician. Causing the information to be conveyed to her somehow is the right thing to do.

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Answered on 6/04/02, 5:30 am


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