Violent boyfriend dont want to tell about abortion?

Question

This is a college question, and i need some help with it. Thanks

Paula doesn't want her violent boyfriend to know she is getting an abortion, so she askes Dr. Bob to send all comunications to her at a post office box and to phone her only at work. What should Dr.Bob do, and what is the legal basis for your advice?If she tells Dr.Bob that not doing this will endanger her, would your answer be different?

Answer 1

I think Dr Bob has to follow her directions, regardless of her boyfriend.

Answer 2

The doctor has to follow her directions as this is doctor patient confidentiality. Even if it was her HUSBAND the doctor would have to get permission to tell him. He could be sued bigtime if he did.

And for an abortion what communication is necessary anyway? You make an appointment and go. If needed or to confirm an appointment she would simply tell the doctors office that SHE will call. Any peperwork before and after.... she will go to the office. This has to be fairly common in abortion cases.

As far as the boyfriend goes she should of course get rid of him. And if there was any violence whatsoever she should call the police and have it logged. Then later if necessary she would later have a legal basis for a restraining order. And there is always the possibility that he would find out about the abortion regardless. If she told 2 friends they may tell somebody else and then it might get back to him. Things work out that way.

Answer 3

Under HIPPA and prior established laws on abortion, Dr. Bob cannot legally tell ANYONE Paula does not sign off on as to her medical condition to have any access, whether it be your violent boyfriend, parents (even if she is under aged, especially if she works through Planned Parenthood), or even husband if she was married.

The interpretation of Roe vs. Wade still stands strong today, that woman has a right to her own body (even if that means killing her innocent, unborn, child).

On the other side of the coin, abortion is something that can haunt you the rest of your life. In knowing girls in the same situation the ones that were happier in the long run were the ones that got family support and moved home and either kept or gave the child up for adoption (the ones that had jerk boyfriends that didn't want responsibilty were more than happy to sign off on their rights as they still wanted their youth and be free to play) and the ones that had the abortion regretted it later on in life (a few never being able to conceive again after they found "Mr. Right").

Answer 4

The answer is the same regardless of the abusive boyfriend. The law prohibits the doctor from sharing any information with a third party without the patient's specific consent, so he's prohibited from telling the boyfriend, or the parents, or employers, or anyone else. Also, as Paula's employee, the doctor basically is supposed to do what she wants, i.e., sending information to the PO box and work phone number.

Answer 5

First of all, I have no legal experience, but I am a certifietd CNA. There is this privacy law called Health Insurance Portability and Accountability Act (HIPAA). Basically, a Dr cannot discuss ANYTHING medical with anyone other than the patient, and other medical staff on a need to know basis. In order for the Dr to discuss this with the boyfriend, she must first give permission. He must honor her wishes about being contacted. He must also legally report that there is domestic abuse if she confides that information to him. You can read the law at the below listed link.

Answer 6

i'd say that the only obligation that Dr. Bob has is to report the suspicion of domestic violence to the police - that paula may be abused and for Dr. Bob to advise her of the resources that she (paula) may have as an abused woman -

other than that - she (as an adult) can have her bills sent wherever she wants and can make her OWN choices.

- i think this question is to make YOU think about what YOU would advise her to do - but i would start by looking into the reporters statutes in your jurisdiction (reporters of abuse/violence) - and look at the abortion statutes, but since paula is not married - in most locations, there would be NO obligation to notify anyone (as long as she is 'of age')

Answer 7

Let me get this right.

You're in college, and being asked to respond with legal advice to a doctor regarding ethics and the privacy of a patient, and possibly her physical safety.

I suggest you respond by saying "If I were qualified to give legal advice to a doctor, I would not be in this class, I would be practicing Law."

It makes me doubt your teacher's qualifications to even ask that.

Answer 8

"Paula" needs to get out of that violent relationship, first and foremost. Get her to a bettered women's shelter if she has no place else to go; then put a restraining order against the boyfriend.
No woman deserves to be the victim of domestic violence. No boyfriend is worth it.
Any 'man' who is verbally, emotionally, physically, or sexually abusive to a woman is a coward. -RKO- 09/10/07

Answer 9

Dr Bob has absolutly no business telling anyone anything regarding her medical condition.

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Answer 10

It's none of the boyfriend's business anyway.

"Dr. Bob" would lose his license if he told the boyfriend.