Patient's family calling my cell phone

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asmallchild

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So this is an odd situation:

I recently had a patient who left the floor without receiving his discharge paperwork. I luckily had this patient's family's #, called them, and asked them to come back for the papers.

Unfortunately, in the panic, I made the mistake of using my own cell phone.

And I was called yesterday evening regarding some details on the case now that I was on their caller ID.

Are there any medical-legal issues with this sort of communication? I tried be as vague and nondescript as possible instead referring the family members towards medical records for information but I can't shake the feeling that this kind of discussion between residents and patient's families isn't supposed to occur via cell phone communication.

Spookier still was the fact that they kept asking for my last name and my "official position". (Maam, are you a cardiologist? A radiologist? What are you?)

Is this something I should make known to my chief residents or the primary attending who was taking care of this patient? Or am I so dementedly paranoid that I'm making a mountain out of a molehill?

EDIT: This was a one time occurrence. So far. I hope.

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Last edited:
So this is an odd situation:

I recently had a patient who left the floor without receiving his discharge paperwork. I luckily had this patient's family's #, called them, and asked them to come back for the papers.

Unfortunately, in the panic, I made the mistake of using my own cell phone.

And I was called yesterday evening regarding some details on the case now that I was on their caller ID.

Are there any medical-legal issues with this sort of communication? I tried be as vague and nondescript as possible instead referring the family members towards medical records for information but I can't shake the feeling that this kind of discussion between residents and patient's families isn't supposed to occur via cell phone communication.

Spookier still was the fact that they kept asking for my last name and my "official position". (Maam, are you a cardiologist? A radiologist? What are you?)

Is this something I should make known to my chief residents or the primary attending who was taking care of this patient? Or am I so dementedly paranoid that I'm making a mountain out of a molehill?

EDIT: This was a one time occurrence. So far. I hope.

Ick, that does sound like an awkward situation, if it were me, I'd say I was one of the patient's physicians while he was at the hospital, I can't really discuss his case with you at this point, if he has any questions, please refer to the discharge instructions or to see his primary doctor, he can contact the medical records office for any of his records that he does not have. If he has any pressing concerns, he can reach me through the hospital.

I guess the only exception I would makeis if it were really some silly basic question, I'd ask to talk to him for confirmation that he's ok discussing his medical care with the family, then answer the question and tell them to direct all future calls to you through the hospital.
 
I feel your pain. A couple of months ago a nurse gave a patient's son my pager number - completely inappropriate!. After the first page - which I returned, I did not return any other pages to that number.

If they call again you have the choice of not picking up the phone or explaining to the family member that you can not discuss anything related to the patient's health or hospital stay as that information is confidential. i would also tell her that although you were involved with her relative's care when he was patient at the hospital, you are no longer his doctor and if he has questions or concerns he needs to address those with his PCP or doctor he was instructed to followup with.
 
There is nothing really different about talking to patients on cell phones, email, twitter, smoke signals, family meetings, etc. So, to your question about whether there is anything wrong about using a cell phone, the answer is no.

However:

1. You should only be communicating with the patient. Otherwise, you are violating HIPPA unless you have consent from the patient to speak with anyone else. This gives you an easy out -- "Federal law will not let me speak with anyone but the patient."

2. Be sure that it's really the patient on the other end of the phone. If you're not sure, then you really can't talk either.

3. If you were not the one in charge of their care, then you shouldn't be answering questions anyway. If you are at all uncomfortable answering the questions, then you shouldn't.

4. You have no legal responsibility to answer any questions. You do have a professional responsibility to refer them to someone who can.

5. One could argue that answering patients' questions about their care is practicing medicine, and you should really be supervised doing that.

6. No matter what, if you spoke to them, you must document what you said.
 
When patients have found out my pager no. in the past I would tell them (in a nice way) that the pager is only meant for use by the hospital staff to reach me. I never had problems after that. In the case regarding the cell, I would say (again in a nice way) that they are not to use this number to contact me, and direct them to the hospital main# or to their PCP.

As for discussing with family members, remember, you have to tell them that by law you can only discuss the patient's info directly with the patient unless you have expressed and explicit consent.

Also, as written in the post above, document, document, document. Remember: "If it's not written down in the patient's chart, it didn't happen."
 
6. No matter what, if you spoke to them, you must document what you said.

Also, as written in the post above, document, document, document. Remember: "If it's not written down in the patient's chart, it didn't happen."

Absolutely. It's easy. Dictate it as an addendum to the discharge summary. It'll protect your butt when this patient has a bounce back admission.
 
As a new 3rd year student, I gave out my medicine chief's pager # to a family...not a good thing to do, as it turns out
 
And remember...*67 is your friend, even on your cell phone.

Yep, I make a lot of phone calls at night from home or my cell to patients.

Always use *67.

Unfortunately, now I am finding that a lot of patients have that "this number does not accept blocked calls. Please unblock your number and your call will be put through."

I have now resorted to using my FAX line at home to call in those cases.

And giving your Chief's pager # out? Classic.:laugh:
 
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