Real World Case 8.1-8.2
docx
keyboard_arrow_up
School
Lone Star College System, Woodlands *
*We aren’t endorsed by this school
Course
1301
Subject
Medicine
Date
Dec 6, 2023
Type
docx
Pages
11
Uploaded by PresidentMorning11512
Real-World Case 8.1
In October 2018, Cook County (Illinois) commissioners voted to approve a nearly $4
million settlement of a medical malpractice lawsuit at Stroger Hospital, a healthcare
organization that is part of the Cook County Health and Hospital Systems (CCHHS).
The lawsuit stemmed from a 2013 bedside pericardiocentesis that, the plaintiff's
attorneys argued, should have been performed in a cardiac catheterization lab.
Despite the large settlement, CCHHS CEO noted that the settlement was neither an
admission of malpractice or of wrongdoing by the providers or the health system.
Although it is not known how much a jury would have awarded the plaintiff, a jury
verdict would have been a declaration of malpractice, which was avoided through the
settlement (Pratt 2018). .
https://chicagotribune.com/news/local/politics/ct-met-cook-
county-lawsuit-settlement-20181017-story.html
.
Real-World Case Discussion Questions
1. This case highlights the fact that healthcare professionals, in addition to physicians, are
subject to professional malpractice liability. Why do you think physicians are most frequently
linked with the term “medical malpractice?”
The relationship between doctors and patients is an agreement, hence doctors are
most usually associated with the term "medical malpractice." The doctors are in
charge of the patients' main care.
In addition to diagnosing and treating patients, they
often issue directives to other medical personnel, including nurses and other allied
health professionals.
Since doctors are the ones who make the majority of decisions
and notify patients, they will be held accountable if there is a problem.
2. Of the three types of negligence, which type do you think most closely describes a
healthcare professional who acted too aggressively?
Malfeasance
3. Why is it likely that a much larger award would have been rendered at trial than through
settlement?
Trial would have resulted in a significantly higher award than settlement because
most agreements are reached to prevent time, money, and mental stress .
If it went to
the legal system, I'd suppose more money would be awarded because the patient
would have lost more time and experienced other hardships as well.
Real-World Case 8.2
Healthcare organizations develop record retention guidelines in accordance with
applicable laws (for example, a state’s statute of limitations for medical malpractice
and Medicare Conditions of Participation retention requirements) and operation
needs (for example, research, education, and strategic planning). If a healthcare
organization follows its guidelines, and those guidelines conform to applicable laws,
the healthcare organization is legally compliant. There is generally not a requirement
that patients be notified of a healthcare organization’s health record retention
periods. This, however, has not been the case in California, which has had a
notification requirement in place for several years. Additionally, Senate Bill 1238 was
presented in the California Senate in 2018 to amend Section 123106(e) and 123107
of the California Health and Safety Code, to require healthcare providers, by the date
that service is first delivered or as soon possible after emergency care, to inform the
patient or patient’s representative of the intended retention period for the patient’s
health records (California Senate Bill 1238 2018). Providers are also required to
notify the patient at least 60 days before the record is
to be destroyed.
Real-World Case Discussion Questions
1. What is your opinion of California’s requirement that patients be notified of an
organization’s record retention periods? Do you think patients should be notified, although
this has not been industry practice? Why or why not?
I think California’s requirement
is proper because, even though the patient and the
healthcare organization share ownership of the records, both parties have a place in
keeping them. As a result, I believe that the patient must be informed if the record is
going to be destroyed because they use their health records to record their lifespan.
2. What is your opinion of Senate Bill 1238, presented to the California Senate in 2018,
which requires this notification (of the intended record retention period) to occur by the date
of first service delivery?
3. A patient requested a copy of their health record and learned that it had been destroyed.
The patient complains to the state health department because they were not notified that
their record would be destroyed. What response would you expect from the state health
department?
Since the healthcare provider followed the law, the state health department will side
with them and state to the patient what the law is thus the health record being
destroyed .
4. Do you believe healthcare organizations should destroy health records? Justify your
choice.
Now that we have health records stored electronically, it is not physically taking up
space. But nonetheless, If a patient had a condition that could have been treated and
prevented future deaths, then I think medical facilities should only erase records once
the patient has passed away.
Application Exercises
Instructions:
Answer the following questions.
1. The National Practitioner Data Bank (NPDB) was established to limit the movement of
physicians through the US who have negative histories of medical malpractice lawsuits, loss
or suspension of licensure, and loss of privileges at previous employers. Although,
theoretically, this provides a safety net, such safeguards are not always realized. Justify this
statement.
The facility where a doctor is employed is responsible for informing the NPDB of any
legal difficulties that arise and convictions.
If the NPDB isn't informed, the doctor
isn't reported and the new hiring facility isn't made aware of it.
If it's not in writing, it
didn't happen.
2. Review the AHIMA record retention standards, which can be found in table 8.4. What are
the recommended retention periods for the master patient index, adult health records, minor
health records, and register of deaths? Why do you think AHIMA established these
recommended retention periods? Do you agree with them? Justify your choice.
Recommended retention periods:
MPI: Permanent
Adult health record: 10 years after the most recent encounter
Minor health record: Age of majority plus statute of limitations
Register of deaths: permanent
These, in my opinion, were put in place to make sure that information is accessible
when needed.
However, there are upper bounds to make sure that records aren't
being maintained pointlessly.
The long-term organization and preservation of all
health records is near-impossible.
I believe it is beneficial to have a permanent
retention period for death since it is crucial for the government or family, as
necessary.
3. You have been invited to make a presentation on advanced directives to a senior
citizen group. Create a slide deck presentation and write your script using the notes
function.
Advance medical directives are a kind of consent that outlines a person's wishes in
the event that they are unable to express them for any reason.
A reliable power of
attorney for healthcare is selected by the individual.
When a person is aware and
capable of making decisions, a DPOA-HCD is selected.
The selected DPOA makes
choices in accordance with the wishes of the person.
You can also create a living
will.
When the person is still alive and capable, they draft a living will that outlines
their wishes in the event that they become incapable.
For instance, if they desire to
use a tube for feeding or a ventilator.
They will make the person's wishes clear.
Some people opt to have a DNR (do not resuscitate) order.
These people could be
elderly or suffering from a chronic ailment, for example.
If necessary, CPR is a legal
order; but, if one signs a DNR form, CPR won't be done in case of emergency.
After
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
the patient signs the necessary paperwork, the doctor drafts a DNR.
Review Quiz
Instructions:
For each item, complete the statement correctly or choose the most appropriate
answer.
1. Discovery is described as _____.
a. It is designed to limit access to information that other parties hold
b. It is a type of deposition
c.
It is a pretrial process
d. It is intended to result in surprises at trial
2. Which of the following is an example of metadata?
a. Text message
b. Information that shows who accessed a record
c. Voicemail message
d. Printout of a patient’s operative report
3. A subpoena requesting patient records _____.
a. Is initiated by a judge
b. Is also referred to as a court order
c. Must usually be accompanied by patient authorization
d. Can be ignored
4. A deposition is when _____.
a. Testimony is not transcribed because it cannot be used at trial
b. An individual appears at an appointed time and place to testify under oath
c. Only the testimony of the plaintiff and defendant can be obtained
d. Attorneys for the plaintiff and defendant are prohibited from attending
5. A legal hold serves to _____.
a. Confine a person in jail
b. Subject records to a search warrant
c. Preserve information
d. Create information
6. The content of the health record _______.
a. May include documentation by only the physician
b. Is not subject to accreditation standards
c. Should facilitate retrieval of data
d. Should include many abbreviations to save space
7. The length of time health information is retained ______________.
a. Must account for state retention laws, if they exist
b. Must be approved by patients whose health information is being maintained
c. Should not take into account the healthcare organization’s operational needs
d. Is ultimately the physician’s decision
8. The type of law that defines the rights and duties among people and private
businesses is _____.
a. Public law
b. Private law
c. Corporate law
d. Administrative law
9. Identify the stage of the litigation process that focuses on the strength of the
opposing party.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
a. Deposition
b. Discovery
c. Trial
d. Verdict
10. The custodian of record received a _________ requiring her to go to court.
a. Summons
b. Subpoena ad testificandum
c. Subpoena duces tecum
d. Deposition
11. Corrected documentation errors should provide a(n) _____.
a. Correction per administrative approval only
b. Areas where incorrect information can be obliterated
c. Option for a “corrected final” version
d. Staff should be permitted to correct errors in whatever way they see fit
12. Congress passes laws, which are then developed by federal agencies to provide
a blueprint for carrying out these laws. Federal agencies develop _____.
a.
Statutes
b.
Regulations
c.
Judicial decisions
d.
Ordinances
13. In order for Susan to be able to prove negligence, she must be able to prove
injury, standard of care, breach of standard of care, and _____.
a. Misfeasance
b. Causation
c. Malfeasance
d. Joinder
14. Jeremiah files a medical malpractice lawsuit against Dr. Watson, who performed
his surgery. He names no other defendants in the lawsuit. Dr. Watson files a
complaint against his assistant surgeon, Dr. Crick. By doing this, Dr. Watson has
completed the legal action of _____.
a.
Counterclaim
b.
Crossclaim
c.
Default judgment
d.
Joinder
15. In Lindsay’s lawsuit against her physical therapist, her attorney (a) obtained copies of
most documents that he requested such as medical records, contracts, email
communications, bills, and receipts. However, at trial, Lindsay was surprised to learn that
(b) several of these documents were not permitted to be considered by the jury as
evidence. The concepts associated with (a) and (b) are _____.
a.
Subpoena; default
b.
Counterclaim; discovery
c.
Deposition; voir dire
d.
Discovery; admissibility
16. Elizabeth arrived at the nearest urgent care facility after being bitten by her cat. The
physician examined her and gave her a tetanus shot. Based on these facts, a physician-
patient relationship has _________.
a. Been created by express contract
b. Been created by implied contract
c. Not been created
d. Been breached
17. Alex fell from a tree and was taken to the emergency room. The physician did a physical
exam and diagnosed Alex with contusions. In fact, Alex suffered a punctured lung that would
have been detected by a radiologic image. In this case, the physician committed _____.
a. Nonfeasance
b. Misfeasance
c. Malfeasasance
d. No wrongdoing
18. If a patient is not asked to sign a general consent form when entering the hospital and
later sues the hospital for contact that was offensive, harmful, or not otherwise agreed to,
what cause of action has the plaintiff most likely included in his lawsuit?
a. Battery
b. Lack of informed consent
c. Negligence
d. Breach of contract
19. A durable power of attorney for healthcare decisions ______________.
a. Should not be included in an individual’s health record
b. Applies only when the individual is competent
c. Applies when the individual is no longer competent
d. Prohibits the use of cardiopulmonary resuscitation in the event of a cardiac
arrest
20. The maintenance of health records ____________________.
a. Is governed by state laws only
b. Is governed by Medicare Conditions of Participation for organizations
that treat Medicare and Medicaid patients
c. Is always left solely to the discretion of the healthcare organization that
maintains the records
d. Is not addressed by accrediting bodies and governmental agencies
21. Disclosure of health information without the patient’s authorization
_____________.
a. Is prohibited by federal law
b. Is prohibited by most state laws
c. May be required by specific state statutes
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
d. Is only required for cases of suspected child abuse
22. Metadata are _____.
a. Found in personal health records only
b. Data about data
c. Found in paper records only
d. A patient’s billing records
23. Stacie is writing a health record retention policy. She is taking into account the
statute of limitations for malpractice and contract actions in her state. A statute of
limitations refers to which of the following?
a. A limited number of state laws
b. The period of time that a case must be brought to trial
c. The timeliness of the health records in her facility
d. The period of time in which a lawsuit must be filed
24. The Registered Health Information Technician (RHIT) credential is an example of _____.
a. Licensure
b. Certification
c. Accreditation
d. Validation
25. Dr. Smith is being sued by a former patient. At issue is whether the care he provided the
patient was consistent with that which would be provided by an ordinary and reasonable
physician treating a patient in the plaintiff’s condition. The concept in question is whether
_____________.
a. Dr. Smith owed a duty to the patient
b. Dr. Smith was practicing medicine with a valid license
c. There was a causal relationship between Dr. Smith’s actions and the harm to
the patient
d. Dr. Smith met the standard of care