2017 Spring Education Day April 28 2017 Jasper P Juliano Deborah Ann Wakefield Parsons Lee amp Juliano PC 600 Vestavia Parkway Suite 300 Birmingham Alabama 35216 2053266600 wwwpljpccom ID: 623653
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ALASHRM
2017 Spring Education Day
April 28, 2017
Jasper P.
Juliano
Deborah Ann Wakefield
Parsons, Lee & Juliano, P.C.
600 Vestavia Parkway
Suite 300
Birmingham, Alabama 35216
205-326-6600
www.pljpc.comSlide2
Loose Or Gratuitous Conversation
One of the most troublesome areas and among the most common reasons the patient or family makes the decision to pursue a claim
Second-guessing of other health care
providers
• Electronic communications
E-mails
Facebook and other social media
May result in Violation of patient confidentiality Waiver of legal privilegeSlide3
Documentation
• How cases are screened by plaintiff lawyers
Plaintiff lawyer is looking for the APPEARANCE of poor careSlide4
Documentation
• Gaps or inadequate documentation
• Extreme self-serving statements
• Legibility (People won’t think you’re not really a doctor just because they can read your writing)
Issues arising from electronic medical records
Learn the system, don’t fight it
Don’t use shortcuts
Ask for technical support or advise• Alterations• SpoliationSlide5
What Plaintiffs Request
• Much more than the medical chart
• All electronically-stored information
• Audit trails
E-mailsSlide6
Main Reasons For A Poor Electronic Record
Lack of education
Failure to use the system consistently
Taking shortcuts in documentation
Making corrections improperly
Late entriesSlide7
Potential Consequences Of A Deficient Electronic Record
• Can lead to communication breakdown or loss of continuity in patient care (caregivers communicate in part through the record)
• Loss of “CREDIBILITY” of the medical record
Whereas a credible record is a strength
•
SPOLIATION claimSlide8
SPOLIATION OF EVIDENCE
DEFENDANT - APJI 15.13
In this case, the plaintiff claims that the defendant is guilty of wrongfully destroying, hiding, concealing, altering, or otherwise wrongfully tampering with material evidence (including attempts to influence a witness’s testimony). If you are reasonably satisfied from the evidence that the defendant did or attempted to wrongfully destroy, hide, conceal, alter, or otherwise tamper with material evidence, then that fact may be considered as an inference of defendant’s guilt, culpability, or awareness of the defendant’s negligence.Slide9Slide10Slide11
ALASHRM
2017 Spring Education Day
April 28, 2017
Jasper P.
Juliano
Deborah Ann Wakefield
Parsons, Lee & Juliano, P.C.
600 Vestavia ParkwaySuite 300Birmingham, Alabama 35216205-326-6600www.pljpc.com