Chp. 7 - Medical Records and Informed Consent

Medical reords

Collection of data recorded when a patient seeks medical treatment; Legal documents

Purposes of medical records

- Required by licensing authorities to track, document, and maintain patient data
- Provide documentation of patient's continuing health care from birth to death
- Provide foundation for managing patient's health care
- Serve as legal documents in lawsuit

What are the 5 C's of documentation on patient's medical records?

Concise
Complete(and objective) - no opinions, only observable facts
Clear(legibly written)
Correct
Chronologically ordered

Corrections to written medical records

- Draw line through error so it is still legible
- Write or type info above or below line or in margin
- Note why correction was made
- Enter date and time and initials
- Have another person witness correction and add initials if possible

Corrections to Electronic Health records

- Do not change original record
- Add an addenum

Addendum

Significant change or addition to electronic health record

What does addendum contain?

Patient name, date of service, medical record number, original report identified, and date and time of correction

Ownership of medical records

- Owned by facility that created them
- Patient owns information they contain

Doctrine of professional discretion

Principle under which physician have the right not to release a record if it is in the best interest of patient; Being treated for mental or emotional conditions

Retention and storage of records

- Kept until specified statute of limitations, usually 2-7 years
- Most physicians retain records indefinitely as they affect future treatment

Routine Release of medical information

- Insurance claims
- Transfer to another physician- records must be photocopied
- Use in court of law- subpoena

Providing medical information for lawsuit

- Make sure name, phone number of attorney, and court docket number of case are listed
- Verify copy is same as original in every way
- Verify patient name was a patient of physician named
- Verify trial date/time on subpoena
- Notify physician that subpo

Confidentiality of Alcohol and Drug Abuse, Patient record

A federal statute that protects patients with histories of substance abused regarding the release information about treament

Authorization to release records

- Authorization should be in writing
- Should include patient name, address, DOB
- Patient or guardian signature
- Only info specifically requested should be released
- Patient may rescind(cancel) consent

Consent

Permission from a person, either expressed or implied, for something to be done by another
EX: examine patient, perform test that aid diagnosis, treat patient

Doctrine of informed consent

Outline in a state's medical practice acts

Doctrine of informed consent; Patient understands..

- Proposed modes of treatments
- Why treatment is necessary
- Risks involved with treatment
- Available alternatives to treatment
- Risk of alternatives
- Risks involved if treatment is refused

Who cannot give informed consent

- Minors: Person under age of majority; exceptions include (emancipated minors-living away from home and responsible for own support, married minors, mature minors)
- Mentally incompetent person
- Person speaking limited or no English

Informed Consent and HIV testing

- State public health law varies for HIV testing
- Permission from legal guardian required for infants and young children
- Married minors, emancipated minors, and minor parents MAY have the right to consent

Consent form for patient imaging

- Patient knows that imaging will be used to document care
- Ownership rights belong to facility but imaging can be viewed or copied
- Images will be securely stored for specified period of time
- Images will not be released to outside agency without writ

When is Consent unnecessary?

- Emergency situations
- Good Samaritan Acts

Good Samaritan Acts

State laws protects physicians and sometimes other health care practitioners and laypersons from charges of negligence or abandonment if they stop to help victim of an accident or other emergency
- Give care in good faith
- Act within scope of training an

Health information technology (HIT)

Application of info processing, involving in both computer hardware and software that deals with storage, retrieval, sharing, and use of health care info, data, and knowledge for communication an decision making

Health insurance portability and accountability act (HIPPA)

privacy of health info and mandates certain procedures and standards for electronic transmission and storage of health care info

Technological threats to confidentiality

- Electronic transmittal records
- Photocopiers
- Fax machines
- Computers (monitors, destroys records on hard drives when computer is sold or recycled)
- Printers