1.
The third parent chaperone was included in this case because they were present during the field trip and were responsible for supervising the students, including Johnny. The third parent shares responsibility for any harm that may have come to Johnny during the
field trip regardless of whether they were directly involved in the injury. 2.
Jay was required to provide Johnny’s medical records in response to the subpoena. Health information directors are typically responsible for producing records in response to valid subpoenas. 3.
One question regarding Tylenol I don’t think was appropriate as it was not relevant to the case. I believe this would be a violation of the physician-patient privilege. Asking Jay to read an illegible note written by a physician could have posed challenges as well. 4.
One of the chaperones did not respond to the complaint and did not participate in any of the proceedings which raises issues related to the legal consequences of failing to respond to a lawsuit.
- Spoliation of evidence
- peer review committee minutes
5.
If Jay discovered that the authorization signed by Johnny’s parents has not accompanied the subpoena, he would have been required to object to the production of the records because of lack of authorization. 6.
The hospital could be liable for the deletions under the legal concept of spoliation of evidence, which occurs when a party intentionally or recklessly destroys or alters evidence. The deletion of sections from the electronic record could be seen as a deliberate attempt to conceal or alter evidence. To protect the record, the hospital should have implemented policies and procedures to ensure that all changes to medical records are properly documented and authorized. 7.
It is possible that all evidence that was discoverable during the deposition would have been admissible at trial, as it was relevant to the issues being litigated. Although the court would have had the final say on the admissibility of any evidence. 8.
The peer review committee minutes were likely discoverable under the legal principle of relevance. The minutes would have been relevant to the issue of whether the hospital had followed proper protocols and procedures in caring for Johnny.
