Question

Louisa was employed by Siebel Family Practice as a health information specialist. It was Louisa’s job to copy and release client medical records as needed for insurance payment purposes, consultations, and court subpoenas, among other requests. Maria Cormier, a client of the clinic, was suing another driver for payment of medical expenses she incurred during an accident in which she suffered severe back injuries. When the Siebel Family Practice received an official-looking request for Maria’s medical records to be sent to the lawyer for the other driver, Louisa knew that it was her job to honor official requests and released Maria’s entire medical record to the defendant’s lawyer.

1. There are several legal and ethical issues present in this scenario. What are they?

2. What would you do if you were in Louisa’s place?

3. How should this scenario have been handled both legally, confidentially, and ethically?

4. What would you do if you were Louisa’s supervisor or employer?

5. What, if any, action could turn this into a “win-win” situation?

Answer 1

1.The legal issues here is the submission of the medical records to lawyer but for the other driver is a concern because it was done without giving any intimation or information to the patient.

The ethical issue here is the discloser of the entire medical documents to a third person from non medical professional background

2.Being in Louisa's place it is a must to abide to the rules and regulations and carry the order.The most important thing here is to protect the confidential matters of the patient and disclosing only the necessary documents rather than providing the entire medical record.

3.In legal aspects it can be handled effectively and prevent consequences if a consent is taken at the time of admission ,surgery.

Maintaining a medico legal documentation provided by the cops after investigation to handle any legal cases.

Protecting patient confidentially by not disclosing personal matters and highly confidential things which can affect the patient psychologically

It can be protected ethically by updating or informing the concerned patient regarding the protocols and the regulations followed in case of any legal Sue's.

4.Being a supervisor, it is the utmost responsibility to protect patient privacy and confidentiality. Make sure proper approval is taken, only the necessary and requested documents are released,tracking the proceedings in the case.