Hi,

I am the caregiver for my brother who was seriously injured in a work related accident two years ago. My brother suffered traumatic brain injury, is severely disabled and wheelchair bound. Today I discovered that the claim adjuster called my brother's doctor to schedule a follow-up appointment without notifying me or my brother. I would not have known about this appointment if I did not contact the doctor's office to make an appointment. I called the adjuster to complain but he insisted that he had the authority to make such an appointment without our knowledge because my brother should be seen every 45 days (I was not aware there was a 45 day rule). I told the claim adjuster that I also have the authority to cancel the appointment and rescheduled it based on our availability since I must travel with my brother (45 miles from home) and work around ongoing therapy appointments. Nevertheless, I rescheduled my brother's appointment and asked the nurse to flag the scheduling system so no one can make an appointment for my brother except me (I hold durable power).

Two questions:

Does a worker's compensation claim adjuster have the right to schedule appointments without the permission of the patient or a family member? Is the doctor's office in violation of patient privacy by allowing a claim adjuster to schedule an appointment without written authorization from the patient/family member?

Thanks for your help...

Ya believe it or not they can do that, and yes your brother needs to be seen every month to 45 days I have a standing appt for the say day if possible and time every month. Iam really sorry about your brother I wish him and you the best...

No violation merely setting an appointment, in fact I am sure the paper work to provide them full reports are already in place. So they have full access to his records anyway.

Does your brother handle his own affairs are have you been appointed his guardian ?

Thanks. I don't think this will happen again since the doctor's office agreed to flag my brother's file.

I wish we could take standing appointments but my brother has too many therapy appointments to make such an arrangement work.

Good luck with your situation.

Hi Fr_Chuck

No, I don't have guardianship of my brother as we both decided (after seeking legal advice several times) that I only needed durable power. My brother is mentally intact and I handle his health/finance affairs but try to keep him part of the decision making process so he feels he has some control of his life.

I plan to seek guardianship if my brother's condition starts to decline.