Negligence Wrongful Death Suit
Negligence 1
Negligence:
Wrongful Death Suit
September 26, 2010
Negligence 2
Negligence: Wrongful Death Suit
The healthcare industry is booming and people will always need to be cared for at hospitals, doctor’s offices, and etc. Healthcare professionals must be careful and focused on everything they are doing with their patients. They must keep track of patients’ charts and medical procedures. If something goes wrong with the patients’ medication, surgery, or treatment and causes an unfortunate death of the patient then the patients’ family can sue the employer for a wrongful death suit. What is the difference between subpoena and subpoena duces tecum?
A subpoena and subpoena duces tecum are both similar but yet different. They are similar because they are both court ordered documents. A subpoena is a court order for a person –or- documents to appear in court. A subpoena duces tecum is a court order requiring a person to appear in court and to bring certain records –or- other materials to a trial –or- deposition. (Medical Law and Ethics, 2009 Chap. 2 Pg.42)Once you have been issued a subpoena you must be prepared and ready to appear in court.
What is the process you will follow in order to provide this patients’ record to the court? The process I would have to follow in order to provide the patients’ record to the court seems to be a lengthy process but its not very time consuming. The appropriate steps are listed below:
Negligence 3 * Check that the name of the attorney and case number are on the subpoena; make sure the physician named saw the patient listed. * Notify the physician that a subpoena has been received. * Notify physicians’ attorney. * Verify all information is correct; make sure the requesting attorney’s name and phone number as well as the court case docket number are listed on the subpoena. * Review records and check their availability. * Make sure that a copy of medical records is acceptable *
Negligence:
Wrongful Death Suit
September 26, 2010
Negligence 2
Negligence: Wrongful Death Suit
The healthcare industry is booming and people will always need to be cared for at hospitals, doctor’s offices, and etc. Healthcare professionals must be careful and focused on everything they are doing with their patients. They must keep track of patients’ charts and medical procedures. If something goes wrong with the patients’ medication, surgery, or treatment and causes an unfortunate death of the patient then the patients’ family can sue the employer for a wrongful death suit. What is the difference between subpoena and subpoena duces tecum?
A subpoena and subpoena duces tecum are both similar but yet different. They are similar because they are both court ordered documents. A subpoena is a court order for a person –or- documents to appear in court. A subpoena duces tecum is a court order requiring a person to appear in court and to bring certain records –or- other materials to a trial –or- deposition. (Medical Law and Ethics, 2009 Chap. 2 Pg.42)Once you have been issued a subpoena you must be prepared and ready to appear in court.
What is the process you will follow in order to provide this patients’ record to the court? The process I would have to follow in order to provide the patients’ record to the court seems to be a lengthy process but its not very time consuming. The appropriate steps are listed below:
Negligence 3 * Check that the name of the attorney and case number are on the subpoena; make sure the physician named saw the patient listed. * Notify the physician that a subpoena has been received. * Notify physicians’ attorney. * Verify all information is correct; make sure the requesting attorney’s name and phone number as well as the court case docket number are listed on the subpoena. * Review records and check their availability. * Make sure that a copy of medical records is acceptable *
References: Fremgen, B. (2009). Medical Law and Ethics. Upper Saddle River, NJ: Pearson Prentice Hall. Print. Wojciechowski, M. (2009). Third-Party Payers: Strategies for Private Practice PTs. Retrieved from http://www.apta.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/HTMLDisplay.cfm&CONTENTID=57145 Staff Development Weekly: Insight on Evidence-Based Practice in Education. (2005). Retrieved fromhttp://www.hcpro.com/NRS-51581-975/Understand-the-difference-between-negligence-and-malpractice.html Ninomiya, K. (1999). What is personal injury liability insurance? Retrieved from http://www.ehow.com/about_4615692_what-personal-injury-liability-insurance.html.