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Biomedical subjects

H L Hirsh

Publications and source records attributed to H L Hirsh.

At least 19 recordsLinked to original sources
PubMed1979

Legal implications of patient records.

Significant changes have been made by the courts and legislatures on the rights of patients to review or acquire their own medical records. There are great dangers in writing any personal, unscientific comments into the record which could embarrass the physician in court. Attempts to prevent the patient from gaining access to his record is fraught with grave consequences.

Confidentiality↗
PubMed1979

Medical records--legal perspectives.

Good documentation of medical diagnosis and treatment is not only a medical necessity, it is a legal one. Whether the physician is innocent or guilty of malpractice quickly becomes a side issue when it is discovered that he has tampered with the evidence, thereby attempting to perpetrate a fraud upon the court. And discovered it will be--the techniques are sophisticated and the motivation is high. Medical records are also important in workman's compensation cases, insurance claims, personal injury cases, and even in physician disciplinary hearings as well as their collection of bills. In creating and maintaining patient records, physicians and hospitals have several legal duties, including the duty to do so adequately, to safeguard the records' physical existence, and to prevent such use of the records as would violate the patient's right to confidentiality. Courts and legislatures are looking with increasing favor on the patient's interest in the content of his record, a phenomenon which is closely linked to the nationwide trend in favor of the patient's right to know and his right to determine his own physical destiny. For all these reasons, medical records no longer serve exclusively as the physician's private aid; medical records are increasingly becoming legal documents as well.

Confidentiality↗
PubMed1978

Will your medical records get you into trouble?

Medical records frequently become legal documents. They can be the physician's best friend or worst enemy, depending on how the healthy care provider has maintained and cared for the record. Medical records that are properly maintained, including those that have properly made changes, can turn out to be a physician's staunchest ally. One cannot hope to rely on the support of a friend when the relationship has been tampered with. The health care provider has the duty to properly maintain the custody of the record, protecting the patient's right to confidentiality.

Confidentiality↗
PubMed1978

Hospital law: the changing scene.

The liability of hospitals in tort law has been a fairly recent development. Formerly, hospitals were protected from liability under the doctrine of charitable immunity. Legal "immunity" avoids liability in tort essentially under all circumstances. It is conferred not because of the particular facts of the situation but because of the status or position of the favored defendant. It does not deny the tort, merely the resulting liability. Such immunity does not mean that conduct that would amount to a tort on the part of other defendants is not still equally tortious in character, but merely that for the protection of the particular defendant, or of the interests which he represents, he is given absolution from liability. Similarly, the "captain-of-the-ship" and the attendant "borrowed or lent servant" doctrine is being abandoned. As medical technology continues to advance, the modern hospital will undoubtedly assume a greater responsibility toward its patients--with amplified medical-legal implications. The hospital is no longer a hotel where patients stay, awaiting treatment by their private physicians. The theory that the hospital does not act through its employees--physicians, nurses, and others--no longer reflects the trend in judicial philosophy. The decisions cited reflect the current trend in judicial analysis and thinking. Medical science has provided numerous benefits to humankind, but along with those benefits, numerous risks have accrued. Whether hospitals should have to bear the responsibilities inherent in such risks is a much-argued matter. However, hospital liability, in fact, is the trend of our judicial determination. The ramifications of this trend have been many. Hospitals and physicians will closely scrutinize surgical operations and other hospitals procedures and practices. The fact remains clear that responsibility for every patient is now shared by both the physicians and the hospital--share and share alike. The present thinking is that the liabilities can be minimized, without shifting the duties, obligations, and responsibilities, through risk management. Prevention, as always, is the best cure.

Child↗
PubMed1977

Medicolegal implications of the incompetent, errant, and "sick" physician: changing times.

A great deal of publicity has been given recently to the problems and consequences of incompetent and errant physicians. There has been great clamor on this subject from many sources-the medical profession, the legal community, the legislatures, the judiciary, and the public. All of these interested parties have undertaken studies to evaluate the nature and sources of the problem. Based on the knowledge thus acquired and on past experience, reforms have been suggested and implemented by each of the groups. The results of the studies and experiences are examined, and the remedies are outlined and analyzed in this paper. There is sufficient evidence to suggest that reforms are proving productive. Finally, the prognosis for the problem is explored.

Jurisprudence↗