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Please refer the file attached to response to the below 2 discussion. Please if
Please refer the file attached to response to the below 2 discussion. Please if possible use the same reference as listed in each discussion. Please respond in a scholarly manner to at least two of your colleagues and your instructor. Make sure that you use proper grammar, word usage, and writing mechanics. In addition, make sure to properly cite and reference.
One:
One method for obtaining records to be used for litigation is a request for production of documents and things (RFP), which is a request to obtain relevant documents and other items such as photos, records, and witness statements (Dickinson and Meyer, 2020). The receiving party is given at least 30 days to either object or produce the requested materials; state mandates may eliminate the need for these requests by requiring the plaintiff’s side to provide HIPAA authorizations, allowing protected health information to be released (Dickinson and Meyer, 2020). Additional information may be requested if the requested information is deemed incorrect or incomplete or if new materials are discovered by the attorney (Dickinson and Meyer, 2020). Whether the LNC is on the plaintiff’s or defendant’s side, he or she must use their clinical experience and expertise to make the attorney aware of the existence of various types of information, including, but not limited to, medical records, hospital or organizational policies and procedures, photos, and videos. RFPs may be accompanied by a subpoena or a subpoena duces tecum to compel release of information; this often happens when information requests are unanswered (the opposing party either fails to respond or refuses to respond), delayed, or incomplete (Dickinson and Meyer, 2020).
Fun fact: before I became a nurse, I was a health inspector (yes, slime in the ice machine is a real thing). We would often have to issue citations for violations of the city ordinance and applicable laws, which meant we sometimes were subpoenaed to appear in court. What I didn’t know (which ultimately caused me to lose the case) is that when a violation gets entered into the court’s complaint system, the wording is slightly different. The citation that I issued was “Failure to operate a food service establishment without the person in charge having a Food Service Manager’s Certification.” The court’s complaint read: “Unknowingly operating a food establishment without the person in charge having a Food Service Manager’s Certification,” so the defendant simply responded that he did not know that this was a requirement, and the ticket was dismissed. I mention this because the text states that the electronic medical record (EMR) in printed or PDF version “seldom, if ever, imitates the EMR as viewed through the EMR software program”; in litigation proceedings, this can be an issue for a nurse or other healthcare provider because they often have difficulty reviewing the medical record in PDF form (Dickinson and Meyer, 2020). Prior to litigation, does the healthcare provider have an opportunity to review the printed record so that, when or if a trial happens, then he or she is ready and not stumbling through trying to interpret the printed chart?
Dickinson, J. & Meyer, A. (2020). Legal nurse consulting principles and practices (4th ed). New York: Routledge.
Two:
With social media and the evolving of the virtual world, electronic Discovery has now become one of the routes of obtaining records used for litigation. Electronic discovery, also known as e-discovery, is the electronic process of obtaining electronically stored information in litigation. Electronic discovery may comprise of a wide range of categories to include but not limited to; emails both active and inactive, temporary files, voicemails, website visit logs, voicemails, archived and back-up systems, deleted information, and any information accessed or shared across the virtual platform (Dickinson and Meyer 2020). This is usually done in the pre-trial phase. During this phase timing is essential, in situations where potential information need to be preserved a letter or notice to opposing counsel will be sent via certified mailed or served in conformance with the jurisdiction’s rule of court to protect and preserve the destruction of such information (Dickinson and Meyer 2020). The information is then retrieved by an information technology specialist who will use his expertise to analyze, clarify, and interpret any unfamiliar terminology, and help to locate any information that was deleted or manipulated. The Legal Nurse consultant can also potentially identify electronic information and where to retrieve the information. For example, a batch surgery was performed while live streaming, even though at times this information would be deleted from the platform, the LNC should still provide this information to the attorney for follow up.
Reference
Dickinson, J. & Meyer, A. (2020). Legal nurse consulting principles and practices (4th ed). New York: Routledge.
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