regarding illnesses who has a right to know?

[RB TexLa]

If your doctor informs you that you have an illness, serious, not serious, life threatening, or non life threatening.

Who has a "right" to know?

This assumes we are discussing people over the age of 18.

[RB TexLa]

1. I don't like editing the poll answers even before voting

so add "close friend," or "family member" to the spouse/SO option.

[Gormy Cuss]

2. A right? No one, but if you keep it from a spouse that's dangerous

for your relationship. Your employer should never be told unless it will affect the quality of your work imminently.

[RB TexLa]

3. It doesn't affect your relationship if your spouse/SO considers

you to be an adult and able to control your own life.

[Gormy Cuss]

25. It affects your spouse if you have an illness that will have a negative

impact on finances or parenting.
We all give up a little control of our own life when we enter into partnerships and in the case of a spouse, we give up some control legally.

[RB TexLa]

26. you do not give up any control over your body or health by

getting married.

[Gormy Cuss]

27. No, but you have entered into a legal agreement to act in accord

with each other's interests in terms of financial and parental responsibilities. It's not giving up control over choices on treatment, it's about right to know if it has legal consequences for the spouse under the marriage contract. If on the other hand you're not legally partners and share no children, you can hide anything you want except a communicable disease.

[RB TexLa]

29. our "marital contract" as many is amended by ourselves regarding

the financial aspect, those are handled individually. And as far as children I do not father or raise them. But this is not gray it is black and white, you do not give up the right to control and regulate your body because you get married. Roe v. Henry Wade and HIPPA rights are granted to everyone.

[Gormy Cuss]

30. Your marital contract had better be amended in writing

because without documentation to the contrary, your legal spouse has the right to make medical decisions on your behalf when you are incapacitated. That is the primary exception to self determination on medical issues. It's one of the reasons 'spouse' is the goal of some in our society who are precluded from making that legal contract.

You may not have children but your poll question didn't ask to limit the response to your personal circumstances. That's why I mentioned it.

[RB TexLa]

31. my spouse doesn't have any such right

I have an advance directive that prohibits my wife, or any family member from making any medical decision or being informed of any medical decision on me. No one in my family is ever going to have to go through making those kinds of decisions on my behalf.

And of course our prenuptial agreement is written.

Having children or not does nothing to your right health privacy.

[fudge stripe cookays]

35. .

I really feel sorry for your wife.

No medical decisions, no rights, and you're rude to her co-workers. What's in this marriage for her, exactly? :shrug:

[RB TexLa]

37. She has all the rights of a citizen, most people dread making end of life

medical decisions, I'm sure she will be happy when she doesn't have to do such, and I am not rude to anyone.

[MissWaverly]

4. how can you not tell your employer, they know

most folks get their insurance through their place of employement.

[Gormy Cuss]

6. Not all do. If you're covered through a spouse's plan, for example.

Also, if you saw the doctor off plan and filed no claim your employer wouldn't have a need to know.

[MissWaverly]

12. well, that's true, but with the high cost of care most could not

afford to pay for care on their own, esp. for something chronic.

[DanCa]

5. I just miss the days when you need a license to practice medicine.

It seems nowadays that the only requirement needed to give out medical advice is being a card carrying member of the repuke party.

[salvorhardin]

7. No one has a "right" to know

Unless you have some disease that qualifies as a public health risk (and even then things like HIV should only be divulged to your sex partners by yourself). Of course, as another poster noted, if you get your insurance through your employer I'm not sure how you could keep it secret. It *should* be confidential information, but I have no idea what the law says. Then there's the case of someone seeking Medicaid. You're not going to get the assistance without telling them what's going on with you -- in fact you have to sign a HIPPA waiver IIRC.

[pinto]

8. There's only rare circumstances where anyone else has a "right"

to know your health information. I'm most familiar with State of CA guidelines.

Off the top of my head:

Health care professionals involved in your care have reasonable access to your health information to support appropriate and adequate care.

If you're incarcerated and have a communicable disease, health care staff and "those at risk" - usually direct custody staff - have access to your health info.

If you have a communicable disease that reasonably puts a specific person at risk of infection, and refuse to disclose that info, the local Health Officer may make the disclosure, without identifying you, to the person at risk.

By court order, those specifically identified by the judge have access to your health info. (Most common in sexual assault cases, usually includes the DA, defense attorney, among others).

An MD may share your health info with the State DMV if your driving ability is impaired by the condition (usually eyesight issues and/or dementia).

You get the drift, there's others, but basically no one has any "right" to your health information, without your consent, unless permitted by specific statute. And even then, most statutes require that you be told the disclosure will be made without your consent.

[RB TexLa]

9. This was kind of getting at the people who think they have a right

to know "if my wife/husband is dying" I think the have no right to know at all.

[pinto]

11. I know. Sorry. The simple answer is no. You own your health

information. Who you share that with is your choice. Hospital staff, doctors, etc. have no right to share it with interested family, friends, co-workers, et al. In fact they are proscribed from doing so.

[tyedyeto]

10. I have a hard time understanding your question

For instance, several months ago, my mother was admitted to the hospital for chest pains.
Turns out, it was probably stress since all 'tests' they performed were negative.

In her living will, I, as her daughter and power of attorney in case she's incapacitated or hospitalized, am authorized to receive all medical data from hospitals or doctors.

Since she is not married, are you saying I should not be given access to her medical recors or be able to speak for her if she is incapacitated in any way?

[RB TexLa]

13. She obviously is allowing you to know such information

I was asking if someone doesn't want to tell their family or spouse they don't have to, the family member or spouse has no right to know anything.


There are people who think they have some kind of right to know their spouse's or family members health conditions.

[tyedyeto]

15. So, your poll is flawed since it doesn't have a...

'living will appointed member' type option?

[RB TexLa]

16. The person has given you the right to know information and act on

information. That is their choice. But she does have a right to prevent you from such if she so chose. I did add people to one choice in the first post.

[tyedyeto]

17. No, it only says spouse or S/O

It does not encompass those who are the stated persons of a 'living will'.

Yes, it's nit-picking, but this POLL of yours goes beyond the reach of spouses, etc when speaking of the elderly.

[RB TexLa]

18. I did add people to one choice in the first post.

Here is a link to the first post.


http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x1843304#1843318

[tyedyeto]

19. It still does not say:

'anyone whom I have chosen'

The elderly are forgotten, once again. *sigh*

[RB TexLa]

20. no, the poll is about someone who doesn't want someone to know something

and if the person they don't want to know has some kind of right to know such. Such as my wife, she has no right to know anything about my health unless I want her to know it. The person you mentioned wants you to not only know but act on their health issues.

There are people in the world who think they have some kind of right to know their spouse/SO or family member's health conditions regardless of what the person wants.

[tyedyeto]

22. No! Your poll states "Who has a "right" to know?"

To not include those who have stated that is dishonest.

[RB TexLa]

24. You don't have a right to know, she has GIVEN you that right

and she can choose to remove it anytime she wants.


For you I guess the question would be do you think if she removes your right to know do you think you should STILL have the right to know or not?

[Crunchy Frog]

14. Your sex partner if it's an STD.

Otherwise, it's nobody's business unless you want it to be their business.

[Susang]

21. Depends, are you contagious?

Do you pose an immediate health risk to others? This isn't a black and white issue, your poll doesn't allow for the varying shades of grey.

[two gun sid]

23. You.

[TahitiNut]

28. Here's where we again get into the difference between a 'right' and

... an entitlement. The only person with a 'right' to know a person's medical condition is the person. Others may be entitled (i.e. lawful access) to know by virtue of their role in providing effective and safe care for the person, or by virtue of a Durable Power of Attorney or other grant (under law) of such access.

Again, 'rights' exist no matter what the law says or how large the police force becomes. Rights are inalienable. Infringements on rights do not eliminate the existence of those rights. An entitlement, on the other hand, requires the force of the state (e.g. law coupled with police powers) to exist.

Just MHO - IANAL. :shrug:

[Ravenseye]

43. I agree TN

Whenever someone uses the word "right" I get uneasy. They're akin to "beliefs" in my head. Unarguable, immutable, and unimportant as regards the law.

If the question is who is entitled to know your medical condition, I would say that unless you have a different legal agreement you're limited to yourself and your spouse being entitled to this information.

[eyesroll]

32. I would wonder what kind of relationship you would have with your spouse

(or spouse-like SO) if you didn't feel they had the right to know what's up with you.

Sure, it may not be an inalienable, granted-by-god-or-nature-or-whatever *right* (although I believe, in a life-threatening situation where you are not able to make decisions and absent a power of attorney, your lawful spouse does have the right to know your medical situation and make decisions on your behalf)...but it's about as close as it comes.

I mean...I live with my SO. And, legally, I have no right to know anything, as I am not his wife. But if he was ill, especially in a life-threatening/altering and/or contagious manner, and he didn't tell me, I'd consider it a major betrayal (especially considering that in order to keep a major illness from me, he'd pretty much have to lie constantly).

[Susang]

34. A little disturbing, isn't it?

I may not tell BatBoy everything, but he certainly has a right to know what's going on with me health-wise. It's not much of a marriage if you consciously withhold important information like that.

[RagAss]

33. Keep This In Mind -.....

Health Insurance companies are offshoring their programming work...meaning medical claims data is going to India and China...for a few bucks any one of a thousand workers in those countries can sell this confidential information to the highest bidder......be very afraid .....:scared:

[DanCa]

36. A better question is who gets to decide which course of treatment you take

I'd say it's between you and your doctor and no one else.

[Mayberry Machiavelli]

38. The consensus is: No one has a RIGHT but YOU, but it would seem common

sense that a spouse should know about things like major and even minor illnesses unless both partners are in agreement that they wish to hide such information from each other for some reason. There seems to be a consensus that such an arrangement, while "legal", would fit most people's definition of a crappy relationship, or quite strange at the very minimum.

I smell another RGB classic! Actually strike that. I don't think you could top "I don't drink with YOU".

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=105&topic_id=5330132

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=364&topic_id=529387

[fudge stripe cookays]

40. It's probably better that..

she not have the choice to pull the plug on him.

I mean...think about it. If you'd had to live with his innate rudeness for however many years, how many second thoughts would you have? It's kind of like living with a vulcan.

[Bridget Burke]

39. What incident inspired this lovely poll?

HIPAA points out quite clearly who has the "right to know" health information.

You have the right to keep secrets from your wife. Just as she has the right to leave you in the dark.

[RB TexLa]

41. a friend of my wife's found out that her husband has cancer and

was upset that he hadn't informed her. Her qoute was "it's my right to know what's going on with his health!" I held my tounge due to the fact that she is for good reason scared for his health. She has always seemed to be smart, I'm sure she does consider her husband to be an adult with rights and this was just an outburst but who knows maybe she does look at him as her property.

[Bridget Burke]

42. Your wife's friend will have her whole life affected by the cancer.

Even successful treatment takes much time & energy. Not to mention money. Perhaps "right" was not the best word for her to use. But I doubt she thinks of him as her property.

Then, there's that "emotional" thing--that you may not understand.

[RB TexLa]

44. I understand she was upset, both over his health condition

and his not telling her. As well as everything that goes with fighting cancer.

[Mayberry Machiavelli]

46. So what's the deal? Guy was going to have surgery and chemo and tell his

wife that it was just staying out late with the boys? :shrug: Doesn't seem too feasible.

[Nederland]

45. If it is a highly contagious disease...

everyone has the right to know. The public should not be deprived of information needed to protect itself.

If it's not contagious its nobody's business but yours.

If it's contagious only to those in very close contact (e.g. STDs) those people affected have the right to know.