. The patient alleged that the defendant-physician fraudulently and negligently
ID: 239957 • Letter: #
Question
. The patient alleged that the defendant-physician fraudulently and negligently advised her that she had a brain tumor that required nmediate surgery, hat the phyician negeliently perforaned needed craniotomy on her at the hospital, and that the phy- had held staff surgical privileges at the hospital on a con- g basis. The plaintiff-patient further alleged several theories contention that an un tinuin against the hospital. Underlying these was the the hospital had sufficient prior information to be put on notice that the defendant-physician was an incompetent, overaggressive neurosurgeon with a history of performing unnecessary operations, particularly elective craniotomies. The court ordered the hospital to produce copies of all preoperative consultations, operative notes interpretations of preoperative x-rays, and brain tissue analyses obtained on 140 patients. Included in the order were provisions to ensure the privacy of the patients. The hospital refused the records on the grounds that consent had not been obtained from any of the 140 patients and the production order was in violation of the patient-physician privilege statute. Should the appeals court agree with the hospital?Explanation / Answer
No the court cannot agree with the hospital provided the hospital falls under its jurisdiction but there are several things which the hospital may have to do:
a) Obtain a warrant or order from the court .
b) Contact the patients and seek permission for disclosure
But otherwise the hospital do not have to share the information unless a proper court order and can move on with a defending lawyer.
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