Negligence Wrongful Death Suit

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  • Topic: Law, Tort, Subpoena duces tecum
  • Pages : 6 (1747 words )
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  • Published : January 14, 2011
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Wrongful Death Suit

September 26, 2010
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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:

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* 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
* Photocopy the original record and number on all pages, placing the number of empty pages on the front file folder. Prepare a cover list of the content and place that in the file folder along with medical documents. * Turn over only the specific materials that have been requested. * After the medical records materials relating to the subpoena have been complied, lock the file in a secure place. * Turn the records directly over to the judge on the due date. * The materials should not be left with a clerk –or- receptionist. * Healthcare professional who takes the records court should be prepared to be sworn in to make the records admissible as evidence.

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* Check with the court to make sure that the trial date is the same as the date listed on the subpoena. (Medical Law and Ethics, 2009 Chp.9 Pg.216) As a Healthcare professional in your chosen field, could you ever be called to testify?

As a healthcare professional in my chosen field, I can be called to testify is necessary. If I was attending to a patient and recording all his information on his chart and that patient just so happens to die I can be called to testify that the patients chart has been unaltered. I can also be called to testify and make a statement of what I seen the day the patient die. If I was present at the time of death I can also explain my side of the story if I am an eyewitness. Identify the 4 D’s for the case provided.

The four D’s consist of duty, dereliction of duty, direct cause and damages. If all of the four D’s are met then a case can then become a negligence case. a. Duty-Was duty established in this case? Why or why not? Duty is a responsibility established by the physician-patient relationship. (Medical Law and Ethics, 2009 Chap. 6 Pg.122) Yes, duty was established in the case. The patient is going for surgery, which means he had to establish a physician-patient relationship in order to schedule an appointment for surgery.

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