Respecting the Rights of Hospital Patients While Serving Processes

Process serving is never an easy job. Most of the challenge comes in locating the individual who needs to be given papers. The problem gets more complicated when the person is at a high-security location.

It is not against the law to serve processes to people in the hospital. But there are some restrictions to protect individual people’s privacy. Be aware of the challenges so you can do your job as efficiently as possible.

Review State Laws

States have varying restrictions on hospital visits from process servers. Some states require a representative from the hospital to deliver the papers to the patient. Make sure to review the state laws where you intend to serve processes to a hospital. It could be that there are no additional obstacles for you to overcome.

These challenges are better to know about ahead of time. When you have a working knowledge of the regulations, you can form a professional relationship with the hospital staff making you the go-to resource for process serving at that facility.

Disabled, Incapacitated, or Incompetent Individuals

You need to take additional consideration when serving processes to individuals who are permanently or temporarily disabled, incapacitated, or incompetent. You may find you are still able to deliver a process officially. In some cases, you will also need to serve the individual’s guardian or power of attorney. In other cases, you should serve the administrator instead of the individual.

Begin by asking your client where you should direct the process. If they don’t know, refer to state law to guide your actions to remain legally and respectfully in the right.

Beware of HIPAA Violations

HIPPA restrictions do not prohibit people from calling a hospital to ask for an individual by name. Formerly, only family members could receive basic information such as whether a person is at the hospital and what room they are currently in.

Now hospitals release the name of a patient, a statement of condition, and their location (unless the ward they are in must be protected by HIPAA). When a hospital has admitted a person for substance abuse or psychiatric care, you will probably not legally be able to get access to them.

Aside from these considerations, we recommend you work with the hospital staff to have a smoother experience. The more you understand state law regarding process serving in a hospital, the more success you will have.
 

Here at Same Day Process Service, our fully trained servers bring respect and professionalism with them at all times. Give us a call today to complete your process service quickly and successfully.

 

What should I expect from my process server?

Navigating the legal world is a challenge, but finding an experienced, reliable, and knowledgeable process server shouldn’t be. Here at Same Day Process, we treat each client as our only client and go above and beyond to assure each case is...

The Benefits of Hiring a Private Investigator

Originally posted on 07/05/2016 We all want more info in life, but sometimes that information is hard to come by. A private investigator can help to uncover important information including a search for a person's whereabouts. Private...

What Is Skip Tracing?

Originally posted on 09/10/2015 Sometimes finding someone is the biggest issue with having them do something! Process servers help deliver the legal documents that make the legal system operate. This system would not run nearly as...

Which Industries Most Often Use Process Servers?

Originally posted on 10/19/2015 At Same Day Process Service, our clients come from a variety of industries. With a combined 60 years of experience, every skilled process server we work with has successfully served individuals for...

How Is Skip Tracing Performed?

Originally posted on 12/21/2015 What do you do when you can't find something or someone? Do you call around? Maybe you check the place where you saw that object or person last. How does this search become more intense when you have...

Do I Need to Hire a Process Server?

Originally posted on 03/01/2016 Legal matters experience a better outcome through the hiring of a professional process server. Additionally, you’ll experience less frustration as well as time savings. Check out the reasons why you...

Serving Heavyweight Boxer Pedro Lovell

Serving civil process is often too exciting and is perpetually, non-stop OJT (on the job training). I received papers to serve on the heavyweight boxer, Pedro Lovell, often referred to as "KO King," "The LA Bomber," "The...

How Are Legal Documents Authenticated?

Originally posted on 04/04/2016 While a signature may be authenticated by someone who has reasonable familiarity with a subject's writing, the majority of legal documents require more than a simple statement stating that they are...

How to Choose the Best Process Server

Originally posted on 07/13/2015 Imagine that you want to take action against someone else in court, but you can't notify them because you can't find them. But since the law says that you must notify them, what can...

5 Things Private Investigators Can and Can't Do

Originally posted on 11/08/2016 Have you been frustrated with a case that doesn't move forward? Many people dealing with a stuck case might consider hiring a private investigator. These professionals have a large amount of...

Serving An Evasive New York Attorney

I was asked to serve divorce papers on a New York attorney who had been avoiding service and was coming to Maryland to visit his parents to celebrate the Passover. He was supposed to be arriving between 2 and 5 pm Friday. Our client informed me...

What Are the Benefits of Hiring a Mobile Notary?

Originally posted on: 11/17/2015 Mobile notaries are notary publics who travel to a client’s location to conduct a notarial act. Almost anyone can benefit from a mobile notary’s services, but there are a few surprising benefits...

How Long Will It Take to Have My Papers Served?

Originally posted on: 03/14/2018 "Are we there yet?" We all remember hearing our kids or maybe or younger selves saying that at one point. We want to be at our destination without the wait on the journey. Serving processes is...

What Happens If I Avoid A Process Server?

Original Post: 07/31/2017 If you are looking to sue someone, divorce them, obtain child support, or many other legal issues, you may attempt to have the papers served to them. A process server can be hired to track them down and serve the...
Page: 12345 - All