How do hospitals know who is family?

Question

When a person is hospitalized, family members are legally allowed certain rights, especially if the hospitalized individual is unable to make his or her own medical decisions. But how does the hospital know who is family, and who is not? For example, if Billy Jones were to be hospitalized and unconscious, and I were to want access to his medical records and control over his treatment, I could arrive at the hospital, provide state-issued ID identifying myself as Steve Jones, claim to be his parent, sibling or child, and have almost-legal access to his medical care. How does the hospital confirm that I am (not) indeed related to Billy Jones, and therefore (not) entitled to his medical information?

Answer 1

This is a great question. I have experienced this often working in a Trauma ICU. Some of our patients arrive intubated and sedated. It is important to know that hospitals have access to resources that can help identify who the legal next of kin is. In the past, I have worked very closely with case management and social services to assist with this information. You will not have access to medical records in the hospital, you would need to obtain that information from the medical records department and they have their own protocols to confirm who you are. The individual who would want to take over someones care must provide proper documentation. Please note that this can vary from state to state. Most facilities require a living will or a health care proxy declaration from an attorney. Background check information is also available to the hospital along with marriage certificates. If the patient was previously admitted, the information might already be saved in the medical record from when the patient was alert.