Question

QUESTION 8 When Ruth injured her to her worker's years, which included the di arm in a workplace accident, the company she worked for called her clinic and requested her medical records in regards claim. Instead, the staff at the clinic where she was examined sent all of Ruth's medical records for es of fibrocystic breast disease and depression. Now, Ruth's employer has declined her application for a to the clinic the administrator apologized and assured Ruth that the clinic's policy release of medical records would be reviewed 1. Did Ruth have a legal cause for action against the clinic? I identify the 4 D's of negligence (including the definition) in this scenario to answer the question. 2. What would you do, in the dinic administrator's place, to rectify the situation and make sure that similar problems do not arise in the future? TTI Arial # 3(12pt) T. :-·- Path: p QUESTION9

Answer 1

The 4 D's of negligence are 1.Duty, 2.Direlict, 3. Damages 4.Direct cause.

Answer 1.Ruth has a legal cause for action as due to the negligence of the clinic staff Which has led to the rejection of the claims and hold on her promotion.

The Four D's of negligence in the above scenario are as follows

1. Duty - it's is the duty of the Doctor and his clinic staff to keep a patients data confidential and to provide the data which is needed by the patient. In the above senerio, the doctor and clinic have broken the doctor patient confidentiality.

2. direlict - this term means neglecting ones duty or obligations. In the above senerio, the doctor and clinic staff has direlicted against the patient by providing the information which was not asked to be provided.

3. Damages - the biggest damage caused to Ruth is the employee claim rejection and withdrwal from promotion which can further lead to mental and psychological impact.

4. Direct cause - this term implies to be proved that the damages are directly caused due to the negligence of the doctor. In the above senerio, the damages caused are solely a result of sending the reports without scrutiny.

Answer 2. As a clinic administrator I would like prevent such events by the following ways:

1. Communication - there should be a clear, open communication between the patient and doctor about the expectation from each other. A good communication will improve the doctor patient relationship, build a trust within the patient. Communication if can be documented or sent by mail will be much beneficial to both parties to understand each other's demands.

2. Consent- a written consent should be signed and taken from the patient about the type of information to be communicated to external agencies in need.

3. Protocol - the patient as well as the doctor should follow a standardized protocol which is developed and practiced in the hospital. The protocols should include all steps, formats for letter and consents to be taken from patient before asking to send documents.

4. Scrutiny- the patients demands and application for reports should be scrutinized by a committee to ensure the needed number of data to be given

5. Updated about current laws- the clinic should be kept updated about the newly sanctioned laws and rules related to claims so as to keep their side safe.