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Has any DH ever been denied medical info

losingmymind's picture

I am wondering if anyone has ever had any kind of medical information denied to father of children NCP?

My DH called to talk to the psychiatrist's office today because SD had an appointment and he doesn't want a diagnosis or medication prescribed to SD without his consent. The receptionist at the office told him that the BM would have to sign a release and consent form first or they couldn't tell him anything. WHAT!!! DH has a court document that states differently!! I know...I wrote it myself!!! I couldn't believe that! He told the lady that he had joint custody and that they couldn't ever deny him anything when it came to his daughter and she just stated that she would leave a message for the doctor. Well, the appointment was over an hour ago and still no phone call. See, we live 700 miles away so DH wanted BM to call him via cell phone so that he could tell the doctor what he has observed...especially since BM has only had SD back for less than 48 hours and we had her off meds here with us for the past month. How can BM say to how she has been acting when she was here??? That is DH's point. He emailed BM last night and everything about wanting to be on the phone and even faxed that into the doctor's office but still.....no call. Who do these people think they are??? How is he supposed to co parent when she refuses and then professionals allow that behavior? Wouldn't you think that a psychiatrist would see right through that and would at the same time WANT to have the complete picture?

I personally told DH that if they continue to refuse to speak with him about what went on then I will file a civil law suit against that practice for violating the parenting agreement consent/cour order.

Chel Bell's picture

And you would win. They better start talking...quick. I hate when stuff like that happens. Like DH has no rights."~waiting on the world to change~"

ColorMeGone2's picture

In our state, state law says that both parents have equal right to school and medical information, regardless of custody, as long as there is no court order preventing it. Unless BM gets a court order preventing your DH from accessing this information, then the office cannot withhold it from him. Look up your state's statutes and find the applicable law, then cut and paste it into a letter to them telling them to cooperate or provide you with the name of their legal representative so that you can start filing your lawsuit. It worked for us.

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ANNE 8102 | GEORGIA

sarah1971's picture

Regardless of who has residential custody when BOTH parents share legal joint custody they both have equal rights regarding medical/school decisions.At least that is how it is in NEW York and I should know as my husband has been dragged to family court more times than I can count.

smurfy1smile's picture

I understand your frustration but doctors are very busy people. I have called to talk directly to my pediatrian (the same one we have had for 16 years and her nurse knows my voice) and left a message and she sometimes takes a couple of days to call me back. They have to go over their notes and have the file in front of them before they call so they can refer to the notes and such. Doctors have to get their notes transcribed into the records and it takes a little time.

I would call and ask to talk directly to the doctor. If they state they cannot talk to you, get their fax number and fax them a copy of the agreement/court order and then they can talk to you. Anyone can call and say I am so and so's parent and I want information so you have to prove who you are. You wouldn't want just anyone getting this information, would you?

Take a deep breath and understand that their refusal is for their protection as well as the protection of the patient. Get them the proof and go from there.

losingmymind's picture

DH didn't have time to wait to see if they were going to call so he decided, apparently, to go ahead and fill out a questionaire and fax it in along with copies of SD's medical record notes which showed dates and medications prescribed for the past three years. He also sent a copy of the email that he sent to BM wanting to be in on the appointment and what his observations of SD had been the past month.

No call ever came into him but then he said on his way home the phone beeped with a voice mail...BM. She had also sent him an email saying that the doctor had received his observations of SD and with that and her input made a determination on SD but didn't say what that was. DH tried to call her and she refused to talk to him. She told SD (who is there for the week) that she didn't want to talk to him right now. So email again. Doubt she answers. So now DH will have to try the doctor to find out what they said about his own daughter. See, why can't a judge see that she refuses to co parent??? I can't stand this wretched woman but never would I not tell her right away something about her daughter. Just wrong...but then if she didn't act this way I guess I wouldn't have found my way here to you all!! Smile
Thanks guys!!!

everythinghappens4areason's picture

We too have gone through the same thing, DH has joint custody. Only way he can get info cause BB won't give it to him is to actually make an appointment with the doc and then they will give him the info on his children......so in other words...pay $ and we will be glad to comply regardless of what the order states. Making an appt with the doc is just ridiculous. A minute or two on the phone would do it, but of course that would mean no extra payment right? Pisses us right off.