Medical Records, Patient Consent, and Information Management

Medical Records, Patient Consent, and Information Management

Case Assignment

Make sure you have read all of the assigned readings. Discuss the questions presented below and follow directions
1.Review the case Informed Consent in Louisiana – Lugenbuhl v. Dowling.
2.First, identify the elements of the legal citation- plaintiff, defendant, court, location of case etc.
3.Explain the meaning and importance of the doctrine of informed consent.
4.Discuss why we have this doctrine and what would happen if we did not.
5.Discuss the two elements that must be present for informed consent to exist under the law.
6.In a legal case of negligence and liability explain why the basis for negligence may be battery, unconsented touching, or breach of a duty imposed on the doctor to disclose material information.
7.Explain the elements that must be present for a patient to give informed consent.

Assignment Expectations
1.Limit your responses to a maximum of four pages, not including title and reference list pages.
2.Be sure to utilize at least 3-4 scholarly references to support your discussions.
3.Be sure to properly cite your references within the text of your assignment and listed at the end.
4.Be sure to apply critical thinking skills to the write-up of your assignment, especially numbers 3, 4, and 5 above.

NB

This are the required readings:
Module 5 – Background

Medical Records, Patient Consent, and Information Management

Required Reading

A Practical Guide to Informed Consent. Temple Health (2007) http://www.templehealth.org/ICTOOLKIT/html/ictoolkitpage1.html

Informed consent Russell G. Thornton Proc (Bayl Univ Med Cent) 2000 April; 13(2): 187–190.PMCID: PMC1312305 http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1312305/

Informed Consent in Louisiana – Lugenbuhl v. Dowling, 701 So.2d 447 (La. 1997), rehearing denied (Nov 21, 1997) Guide http://biotech.law.lsu.edu/cases/consent/Lugenbuhl.htm

Am J Public Health. 2008 May; 98(5): 793–801. doi: 10.2105/AJPH.2006.107706

PMCID: PMC2374810 Ethics in Public Health Research: Privacy and Public Health at Risk: Public Health Confidentiality in the Digital Age. Meyers, Frieden, Bherwani and Henning. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2374810/

Optional Reading

Rethinking informed consent: Tell your patients of all the treatment choices available to them Orthopedics Today, December 2009 B. Sonny Bal, MD, JD, MBA; Lawrence H. Brenner, JD http://www.healio.com/orthopedics/business-of-orthopedics/news/print/orthopedics-today/%7B62b7f3dd-e9ed-4870-a67d-45a9b96450bb%7D/rethinking-informed-consent-tell-your-patients-of-all-the-treatmentchoices-available-to-them

INFORMED CONSENT:  NOT JUST A PIECE OF PAPER http://www.npmlaw.com/informed-consent-not-just-a-piece-of-paper/

Improving the Informed Consent Process Krames StayWell Blog (2009) http://info.kramesstaywell.com/Portals/36339/docs/Krames%20Informed%20Consent.pdf

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