Medical Law and Ethics; Ch. 9 GHA

Subpoenaed

a medical record ordered by the court to be available during a malpractice case

Medical record management requires

accuracy, confidentiality, and proper filing and storage

The purpose of a medical record is to

provide the medical picture and record of the patient from birth to death and provide data and statistics on health matters

Patient information in the medical record should include

the date of birth

The medical record must include information about patient care such as

admitting diagnosis, physician examination report and documentation of complications, discharge summary and follow up care

The disadvantage of chronological documentation is

medical problems may go undiscovered

The accepted method of correcting medical record errors is

draw a line through the error and write the correction above with the date and initials of the person making the correction

Federal reimbursement guidelines require that all medical records be completed within

30 days following the patients discharge from the hospital

An incomplete medical record may

make it impossible for the healthcare provider to defend allegations in court

For the courts purpose, if documentation does not appear in the medical record if

it did not occur

To protect patient confidentiality medical records can be released

only with the patients written consent

Ownership of the medical record usually remains with the

physician

When preparing a copy of a medical record for a third party

keep the original and send the copy

The privacy act of 1974 protects private citizens from distribution of information about themselves by the federal government except for that which is received from

veterans administration hospitals

Medical records are usually exempt from state open-record laws except when

the benefit of disclosure for the public safety overweight confidentiality

All medical records should be stored for

10 years from the date of last entry

Older records of former patients

can be stored in a clean, dry storage space

Computerized medical records

pose problems of confidentially, make record maintenance and retrieval more efficient and should be accessed on a need to know basis

Confidential medical record information that can be disclosed to a health department without the patients consent includes

HIV cases and AIDS cases

Physicians who wish to disclose confidential medical record information should

discuss it with the patient first

Laws regarding medical records

vary from state to state

Healthcare providers and healthcare institutions who disclose confidential health information may

face civil or criminal liability for disclosure

Immunization records should be kept

PERMANENTLY

A written order requiring a person to appear in court, give testimony, and bring the records described is called

subpoena duces tecum

A subpoenaed medical record should alert the medical staff that

the physician and the patient are to be told that a subpoena has been served
the physicians attorney should be notified of the subpoena being received
the records must be turned over to the judge on the specified date