Breakdown in Doctor-Patient Relationship

Posted on: July 29, 2008  |   Author: Felicia
Filed Under: Access to Care, Hospitals & Health Systems, Liability & Litigation   |   1 Comment

When it comes to the relationship between doctors and patients, one thing seems so obvious its forgotten - patients don’t sue doctors or nurses that they like. If there is a good relationship based on respect and trust, small mistakes easily go forgotten. However, recent studies reported in a NY Times article have shown that the traditional doctor-patient relationship is very strained.

“About one in four patients feel that their physicians sometimes expose them to unnecessary risk, according to data from a Johns Hopkins study published this year in the journal Medicine. And two recent studies show that whether patients trust a doctor strongly influences whether they take their medication.”

Is this breakdown another instance of a broken system or has bedside manner been struck from the Med School curriculum? Either way… this is one relationship where the entire system can’t afford a divorce.

Finding Escape Behind Bars

Posted on: July 24, 2008  |   Author: Megan
Filed Under: Disability, Other   |   Leave a Comment

Article from the Houston Chronicle, written by Bill Murphy.

Are mentally ill individuals dependent on jail sentences in order to properly treat their mental health disorders? At the Harris County Jail, a recent survey revealed that more than 400 of the jail’s 11,000 inmates were homeless and suffered from a major mental illness. 1,900 of the inmates were on psychotropic medications. Of the 423 homeless inmates with a major mental health disorder, 97% had been arrested at least once before during their lifetimes, 43% had a prior arrest during their last ten years. Additionally, some jails now spend around $87 million annually to incarcerate and treat the mentally ill. These startling statistics raise questions about the best way for mental health professionals to help low income individuals receive the mental health care they require before they end up in jail. What community health programs can be initiated so that jails are not continuously utilized as mental health treatment centers?

http://www.chron.com/disp/story.mpl/headline/metro/5898439.html

Ohio Supreme Court creates new tort for HIPAA violations

Posted on: July 22, 2008  |   Author: Tyler
Filed Under: Health Information, Hospitals & Health Systems, Liability & Litigation   |   Leave a Comment

In Hageman v. Southwest General Health Center, the Supreme Court of Ohio held that the unauthorized disclosure of medical information could be the basis of a tort claim. This holding opens the door for more suits against health care providers based upon HIPAA violations. The court ruled, “Thus, as in our decision in Biddle, we conclude that an independent tort exists to provide an injured individual with a remedy for such an action. Thus, as in our decision in Biddle, we conclude that an independent tort exists to provide an injured individual with a remedy for such an action.” In Biddle, the same court recognized a tort for breach of privacy and confidentiality stemming from disclosure of medical records. Hageman was based upon the disclosure of medical information obtained during discovery during litigation unrelated to the injured party. This holding may also open similar liability for legal professionals based upon unauthorized disclosure.
Hageman v. Southwest General Health Center, et al. Slip Opinion No. 2008-Ohio-3343 (July 9, 2008),
Biddle v. Warren General Hospital, 86 Ohio St.3d 395, 715 N.E. 518 (1999)
http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-Ohio-3343.pdf
http://healthcarebloglaw.blogspot.com/2008/07/ohio-court-creates-new-tort-for.html

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