Next-Of-Kin Creates Challenges for Allied Healthcare Providers

Posted on: April 8, 2015 by Huntersure

When it comes to patient care, next-of-kin and emergency contacts are invaluable pieces of patient information, however there is growing concern among allied healthcare providers and researchers that healthcare legislation and regulations are not adapting to chaining cultural and social norms. Medically and legally, the next-of-kin relationship is important in determining who should be called upon to make medical decisions for a person who has become incapacitated. While traditionally these individuals have been the closest blood relative, there is a growing shift for patients to list non-nuclear family members as their emergency contacts and next of kin in hopes that these individuals will be able to carry out their wishes should the individual become incapacitated.

In a recent study published by Yale University, researchers have found evidence that a growing number of patients are listing non-nuclear family contacts as next of kin, especially in elderly patients. Yale research found that 6% of patients who received care at VHA facilities listed non-nuclear family contacts as next-of-kin. According to the study, many of those patients listed an intimate contact outside of marriage, such as “same-sex partner,” “common law spouse,” and “live-in soul mate, which researchers fear could present a dilemma for hospitals, patients and those who are listed as next of kin.

The research brief noted that if the VHA study is representative of a larger social trend, there is will likely be increased uncertainty about who can make medical decisions on the patients’ behalf, thus delaying treatment and creating a number of complications. In situations where the listed next-of-kin is not recognized by state law, courts or ethics committees may have to become involved in life-or-death decisions. Researchers and healthcare providers are increasingly concerned that when healthcare providers are uncertain about who can make decisions, care may be delayed or may not be consistent with patient preferences.

Healthcare providers in particular could face a number of liability complications when it comes to handling such cases. Because laws governing medical decision making for patients who lose capacity vary from state to state, many states do not recognize non-nuclear family relationships. As such, if a spouse, blood sibling, parent, or child is not named as the next-of-kin healthcare providers, patiences and family members can be caught in a complicated tangle of legal technicalities and complications.

The allied healthcare industry is a dynamic and constantly changing atmosphere subject to a host of complications. When it comes to protecting your clients from the financial burdens that accompany a medical care error or mishap, it is vital the right professional liability coverage is secured. At Huntersure LLC we are a full-service Managing General Agency that specializes in insurance program administration for professional liability products. We take great pride in securing flexible and complete Allied Healthcare Insurance solutions to those high risk industries such as medical care, legal counsel, or financial advising, that are especially prone to professional liability claims. For more information about our products and how we can help you secure the protection your clients need, contact us today.

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