Madeline, the hospital release-of-information clerk receives a subpoena duces tecum issued by a local attorney. During the validation process, Madeline realizes the patient did not include a date when he or she signed the authorization. She promptly calls the attorney’s office and informs the attorney’s legal assistant of the missing element on the authorization. The assistant assures Madeline she will take care of it. Within five minutes, Madeline receives a fax from the legal assistant. It is the same authorization with a date written in. The date would make the authorization valid, as it is within the time period required by state law. Madeline suspects the legal assistant wrote the date on the authorization.
Is there an ethical violation, dilemma or concern and, if so, what is it?
There is not legal evidence showing that the assistant wrote the date himself so it cannot be an ethical violation.But Madeline should ask the patient to come directly and sign them because she only spoke with the assistant and it is a concern that he is lying and she did not speak with the attorney on the record.So it is an concern.
Madeline, the hospital release-of-information clerk receives a subpoena duces tecum issued by a local attorney. During...
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