Re: Legal question
From: Efrain Ramirez (eramirezt@coqui.net)
Fri Jun 27 20:47:17 2003
One of the best advices I've seen...
>At Fri, 27 Jun 2003, Braun, R. Daniel wrote:
>
>And before you take any lawyer's advice, make sure it is YOUR lawyer
>whose advice you are taking.
>Dan
>
>-----Original Message-----
>From: William McIntosh [mailto:wdmcintosh@charter.net]
>Sent: Thursday, June 26, 2003 8:28 PM
>To: Multiple recipients of list OB-GYN-L
>Subject: Re: Legal question
>
>To play devil's advocate, the test was performed on the baby, also
>Lynn's patient, not the biological mother. The fluid, the cells, the
>chromosomes all belong to the baby, not the biological mother. As the
>legal guardians, the adoptive parents have every right to that
>information. Of course, that logic trail has nothing to do with the
>law, so a call to an adoption lawyer is the best next step.
>
>William D. McIntosh, MD
>Clarksville, TN
>
>>> ----- Original Message -----
> From: Virginia San Miguel <mailto:vsm@icsi.net>
> To: Multiple recipients of list OB-GYN-L
><mailto:ob-gyn-l@dns.obgyn.net>
> Sent: Thursday, June 26, 2003 5:20 PM
> Subject: RE: Legal question
>
> Your patient was the biological mother. The test was done on
>her. She is the owner of the medical information. It is her privacy
>that is at issue. I would not think you could divulge her medical
>information without her consent.
> The fact that the adoptive parents are now the baby's legal
>parents does not give them any rights to another person's records, even
>if that person is the biological mother.
> There may be a mechanism for adopted children by themselves or
>through their parents to access medical information relevant to them.
>That would probably be covered by specific laws that vary state by
>state.
> -----Original Message-----
> From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net]On
>Behalf Of Lynn D. Montgomery, M.D.
> Sent: Thursday, June 26, 2003 3:33 PM
> To: Multiple recipients of list OB-GYN-L
> Subject: Legal question
> I need an opinion from the legal scholars out there. If
>I did testing on a fetus during the second trimester of a pregnancy that
>generated results and the fetus was adopted immediately following birth,
>are the adopting parents entitled to the results of the prenatal testing
>without the consent of the birth mother?
> Lynn
>
> Lynn D. Montgomery, M.D.
> Rocky Mountain Women's Health
> 2835 Fort Missoula Rd., Suite 303
> Missoula, Montana, 59804
> 406-549-0978
> fax 406-549-0987
> e-mail: apgar10@montanadsl.net
--
"The opposite of a correct statement is a false statement.
But the opposite of a profound truth may well be another profound truth."
Niels Bohr (1885 - 1962)
