Medical law and ethics assignment

March 6, 2022

Medical law and ethics assignment

Medical law and ethics assignment

Medical law and ethics assignment

Follow the instructions under Discussion Board Rubric and Guidelines  to create your post and respond to at least one other student. Internal citations and references are required.

This week’s post has 2 parts:

Part 1:  Please answer 2 of the following questions below as your original (no additional responses needed for Part 1).  Place in the subject line which 2 questions you are answering.  Ideally, as a group, you will cover all of the questions at least once.

1.    What are the legal uses of the health record?

2.    Are the entries made in the health record ordinarily subject to cross-examination? Why or why not?

3.    What questions are typically presented to the custodian of records in order to introduce a health record into evidence?

4.    What legal processes may be used to remove the health record from the health-care provider’s safekeeping?

5.    Should the health information manager assume that each subpoena presented requires the release of the information requested? Why or why not?

6.    How should the health information manager handle an invalid subpoena duces tecum?

Part 2:  Answer the question below and respond to at least one other learner.

Please review the article at: http://www.rightinginjustice.com/news/2013/11/22/whistleblower-asks-court-to-punish-florida-hospital-for-destroying-evidence/   Hospital destroyed medical records in false claims case, says it was a mistake (Feel free to explore other perspectives on this case)  Based on the information in chapter 9, what is your evaluation of this case?  Feel free to do further research on the case and bring in additional information.

Computer-based patient records and record systems may bring into play laws of many kinds. For example, system hardware may be patented and system software copyrighted. If a computer-based patient record system fails and the failure results in harm to a patient, tort liability can result to the vendor or to the provider using the system, or to both. Tort liability can also arise if a system is not protected from unauthorized access and breaches of patient confidence result or records are destroyed or altered. A computer hacker gaining unauthorized access to a computerized patient record system faces possible criminal liability. Various privacy laws limit permitted disclosure or redisclosure of information stored in computer-based patient record systems.

Other laws must also be taken into account. Licensure laws applicable to health care providers, as well as reimbursement and

Medical law and ethics assignment

Medical law and ethics assignment

insurance laws, all impinge on computer-based patient records, as do public health laws that require reporting of vital statistics and of various injuries and diseases. Contract law and the Uniform Commercial Code come into play in contracts for computer-based record systems. The availability of specific performance as a remedy for a vendor’s breach of contract is a question that requires resort to doctrines of equitable remedies. A hardware or software vendor’s insolvency raises issues under federal bankruptcy law. Finally, interaction of computer-based record systems with artificial intelligence systems can also raise issues concerning medical device laws and, to the extent that non-physicians are able to diagnose and treat patients without physician involvement using these systems, physician licensure laws.

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Because of the plethora of laws that apply to computer-based patient records and record systems, one paper cannot encompass a full discussion of the application of these laws to the computer-based record. What follows, therefore, is a summary discussion of the key legal issues raised by computer-based patient records and record systems: regulatory and accreditation issues, evidentiary issues, patient privacy and record access concerns, record ownership questions, legal risks specific to computer-based patient record systems, and computer contracting issues.

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State Licensure Laws
Computer-based patient records utilized by an institutional health care provider must meet the requirements of relevant state licensure laws, or the institution may face licensure sanctions. The statutes and regulations governing licensure of hospitals, nursing homes, health maintenance organizations, ambulatory surgical treatment centers, and other institutional providers generally contain specific standards and requirements concerning the creation, authentication, retention, and storage of patient records, as well as limitations on the media permissible for their creation and storage. Additional requirements typically found in state licensure statutes and regulations relate to confidentiality, record content, accuracy, completeness, timeliness, and accessibility.

Hospital Licensure Laws as Barriers to Full Automation
State hospital licensure laws still pose barriers to full automation of the patient record. State-to-state variances in medical records requirements and obsolete and ambiguous or conflicting laws and regulations pose obstacles to the full development of computer-based patient record systems.1 Although some state regulators may permit computerization of patient records in ways that technically are not permitted by state regulations, a health care institution investing in an automated patient data system is making too big an investment to risk learning later that the system does not meet state licensure requirements.

Some states expressly permit use of computers in the creation, authentication, and retention of patient records.2 Others state their medical records requirements for hospitals generally, impliedly permitting computer-based patient records, or explicitly address use of computers only for one function, such as authentication, but not for other patient record functions.3

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Posted in nursing by Clarissa