Chapter 4 -Evidence Flashcards
What is spoliation?
Intentional destruction of evidence
What is a legal hold?
Is issued by a court if there is concern that information may be destroyed in cases of current ligation or government investigation
What are the types of evidence?
Direct evidence:
-real, clear evidence of a fact that requires no thinking or proof of its existence
Circumstantial (indirect) evidence:
-not directly from an eye witness and requires to prove a fact
Demonstrative (real) evidence:
-actual object, pictures, models intended to clarify the fact of how the incident occurred
What is the best evidence rule and its purpose?
The best evidence rule requires the original writing, recording, or photographs.
To protect against intentional faulty memory of writing, recording, or photographs.
What is a hearsay?
A written or oral statement made outside the court and used as evidence to prove the truth.
What is the major exception again suing a hearsay as evidence?
Under the business record exception rule.
What is the purpose of the physician-patient privilege?
It encourages patient to fully disclose all information to their physician without the fear of it being made public during a trial.
Who is the holder of the patient-physician privilege?
The patient
What exception are there to the patient-physician privilege?
A wavier of privilege and results of of blood alcohol
Explain the Im Sorry Law?
Is an apology statute that protects communication made between providers and patients to be used as evidence.
The apology is more of admitting to the fault rather than compassionate.
What is an Incident Report and its purpose?
Is generated if a wrong documentation occurs such as a wrong medication for a patient.
Its purpose is to document fact of the incident to provide a basis for investigation.
It should not be placed in the health record.
Explain Peer Review documentation.
Documentation of a range of activities to to ensure that the facility is providing quality care.
Name 2 documentations outside the health record?
Incident report and peer review records
