Health Law II Flashcards
Can students be sued for malpractice?
Yes
True or false: anyone can pretty much file a suit against you
True
What is the purpose of confidentiality in the medical profession?
Encourage the patient to freely discuss, freely divulge
True or false: physician cannot be forced to testify about information obtained in the course of patient treatment
True, for the most part
Does expert position count for confidentiality?
No–no dr/pt relationship
What are the two exceptions to confidentiality?
- Patient waives privilege
- Statutory expectation
True or false: only the patient can waive the privilege to dr/pt confidentiality
True
If a patient sues you, can you break confidentiality?
Yes
What are the qualifications needed to have privilege? (3)
- dr/pt relationship
- Information acquired during the course of the relationship
- Information must be necessary and proper for physician treatment
What is one situation where you see a patient, but there is no dr/pt relationship
third party consultation
Are court ordered evaluations privileged?
No–you’re third party
What is an IME? Is this a privileged relationship?
- Independent medical evaluation
- Not a privileged relationship
Are stenographers held under confidentiality?
Yes
Are members of the clergy held under confidentiality?
Yes
What is the main determinant of whether or not a pt/dr relationship falls under confidentiality?
If dr treats patient, then establishes a relationship
What should you do (but maybe not legally required to do) when being an IME?
Inform the patient that what they say is not in confidence
Who can provide you legal advice?
- Malpractice insurance lawyers
- Hospital risk manager
What is the only information that is confidential in the ED setting?
Only information that is necessary for treatment–but be careful with this
What are the three ways you are no longer a minor in Iowa?
- Over 18 years
- Married
- Emancipated (living separately with own finances)
Who owns the medical record?
- Physical medium = provider
- Information - pt owns
True or false: the patient has the right to a copy of their medical records
True
Can you charge for printing a medical record
Yes, but not exorbitant
Each divorced parents has a right to a minor child’s medical record unless under what two conditions?
- Divorce decree prohibits
- Parental rights have been terminated
Do step parents have the right to a child’s minor’s record?
No
Can you give minor their medical records without parental consent?
Not all, but some
What are the four exceptions to needing parental consent to treat minors?
- STDs
- Contraceptives
- substance abuse
sex, drugs, and rock and roll
True or false: if a minor is tested for HIV and is found positive, the parent must be informed
True
What are the protections against letting parents know through insurance bills?
None
What are the exceptions to absolute confidentiality?
Public health reasons:
- STDs
- Child abuse
What are the three records that have a higher level of confidentiality?
- Mental health records
- Substance abuse
- HIV
What is the purpose of a subpoena?
Mechanism to force the release of records
Is a subpoena a court order?
No–just a request
What must accompany a subpoena to get medical records?
Release from patient to release medical records
True or false: the board of medical examiners can request records for anyone, with all records (in Iowa)
True
Can a minor have access to their medical records without parental consent?
Only the visits that they did not need parental consent for in the first place
