Erica L. Montgomery
Module 3 SLP Incident Reporting Requirements
MHM/522 Legal Aspects of Health Administration
Dr. Paulchris Okpala
May 18, 2015
Investigation of the incidents at the hospital level
The incident reporting requires the application of either the voluntary or the mandatory systems. Both in Minnesota and in Utah, the reporting function lies in the hands of the professional boards. In both cases, there is a vast number of incidents that are reportable. The two cases use a medical examiner as one of the primary investigators. Additionally, there is the application of the cause analysis. In the end, the system of reporting of choice depends on their pros and cons.
In Minnesota, the mandate of reporting the adverse incidents that happen within the institutions lies in the hands of the various professional boards. These boards include those that regulate such professions as podiatrists, nurses, physicians, pharmacists and physician assistants. All incidents that require mandatory reporting are presented to the Minnesota Department of Health. In the case of Utah, the institution must provide an institutional lead for the purpose of reporting, to the department of the administrative services of Utah (Marchev et al., 2003). Incidents that must be reported and explain those differences or similarities. Most of the adverse events that are listed in both Minnesota and Utah are identical. In Utah, it is required that the incidents are clearly described. The list of incidents includes a vast number of errors in medication, surgery, death, injury and suicides, amongst others. The system also requires a mandatory reporting of the suspected adverse incidents on individuals who have been transferred from other health institutions. On the hand, the Minnesota Department of health recognizes 28 incidents that are identical to those recognized in Utah. Unlike Utah, Minnesota requires a mandatory reporting of the incidents of injuries or deaths that occur due to falls. In these incidents, the fall does not need to be necessarily a result of the improper restraints or use of the facilities (Minnesota Institute of Legal Education, 1992). Investigation of the incidents at the hospital level Medical investigations look into the errors and anomalies in the practice of medical procedures. At the hospital level, the investigations primarily involve the medical examiner. Both in Utah and Minnesota, the medical examiner, is in charge of conducting inquiries. Additionally, the medical examiner performs any necessary examinations and retains the samples for scientific analysis. Moreover, the medical examiner may also request access to the medical history of the individuals involved in the incident. The activities required of the medical examiner, as the principal investigator both in Utah and Minnesota, are identical (Marchev et al., 2003). The steps taken to protect incident reports and control that may obtain the information.
There is little variation between Utah and Minnesota in the protection of the report data and the disclosure of the report information. The protection mechanisms are embedded in the process of collection and reporting of the incidents’ data. In the two states, there are different methods of collecting the information of the incidents (Minnesota Institute of Legal Education, 1992). The information is collected via telephone, faxes, mail, and Internet sites. As a concession, the reporting systems’ officials of the two states have identified the electronic reporting have more capabilities of protecting the information of the reports. In the two states, the system of data disclosure and confidentiality depends on the reporting laws. In these regulations, the data is subject to peer reviewing, statutory exemptions, and various immunities. The access to the information of the report is limited to the licensure boards and the...
References: Hall, K. L., Wiecek, W. M., & Finkelman, P. (1991). American legal history: Cases and materials. New York: Oxford University Press.
Marchev, M., Rosenthal, J., Booth, M., National Academy for State Health Policy (U.S.),
& Robert Wood Johnson Foundation. (2003). How states report medical errors to the public: Issues and barriers. Portland, ME: National Academy for State Health Policy.
Minnesota Institute of Legal Education. (2000). Medical records. Minneapolis, MN:
Minnesota Institute of Legal Education.
Minnesota Institute of Legal Education. (1992). Medical malpractice claims - 1992. Minneapolis, MN: Minnesota Institute of Legal Education.
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