Med Mal - Discovery

Front 1

After a med mal civil action is filed, does the Civil Practice Act provide for Production of Docs from Third Parties?

Back 1

Yes.
9-11-34(c)
= CPA 34(c)

Front 2

When is Dr. authorized to release a patient's medical information?

Back 2

1) Patient filed suit questioning the Nature and Quality of treatment
2) Dr has source of info pertaining to THAT suit
--> Dr. may release the info

Front 3

True or False:
Although a Dr. is authorized by the CPA to release a patient's medical info, he is NOT IMMUNE from liability to the Patient or Other person for such release.

Back 3

False.
If CPA allows Dr. to release medical info, Dr. IS IMMUNE from liability for such release.

Front 4

True or False:

There is no Dr.-patient privilege in Ga.

Back 4

True.

Front 5

True or False:

Because there is no Dr-Patient privilege, one has NO PRIVACY INTEREST in one's medical records.

Back 5

False.
OCGA & HIPAA recognize a privacy interest in medical records.

Front 6

True or False:

There IS a Patient-Psychiatrist privilege in Ga.

Back 6

True.
- Patient VOLUNTARILY seeks help from Psychiatrist/Psychologist
--> Communications ABSOLUTELY PRIVILEGED

Front 7

True or False:

When a patient places his Mental Condition at Issue in a personal injury suit, he WAIVES his Patient-Psychiatrist privilege.

Back 7

False.

Psychiatrist/Psychologist Communications are ABSOLUTELY PRIVILEGED

Front 8

True or False:

Communications made to a NURSE in a Psychiatrist's office DO fall within the Patient-psychiatrist Privilege.

Back 8

False.

ONLY communications made TO THE PSYCHIATRIST/Psychologist are privileged.

Front 9

True or False:

- Defendant seeks Plaintiff's Mental Health Records
- Plaintiff Fails to Object
--> Psychiatrist MAY produce records because of Plaintiff's "Implied Waiver"

Back 9

False.

There is NO implied waiver for Mental Health Records.

Front 10

If mental health treatment is INVOLUNTARILY sought, what (if anything) is privileged?
1) COMMUNICATIONS between Patient and Care Provider
2) The FACT of treatment

Back 10

Involuntary mental health treatment
--> COMMUNICATIONS privileged

--> FACT of treatment NOT privileged

Front 11

Define "Medical Review Committee"

Back 11

Any group pursuant to bylaws set up to IMPROVE HEALTH CARE
OR
Any review organization set up to make UNDERWRITING DECISIONS
(e.g. Insurer, HMO, managed care org.)

Front 12

When are Medical Review Committee proceedings subject to Discovery or Entered into Evidence in civil action?

Back 12

Never.

Front 13

What are the 2 exceptions to the "Peer Review" discovery cloak?

Back 13

1) Matters from Original Sources

2) Matters within one's Own Knowledge

Front 14

Are Infection Rates discoverable?

Back 14

Yes

Front 15

Is Information from Nurses who compiled the data behind Infection Rates discoverable?

Back 15

Yes

Front 16

Are Nursing Home Incident/Accident reports discoverable?

Back 16

Yes

Front 17

For what purposes can Nursing Home Incident/Accident reports be used as evidence?

Back 17

Evidence of
1) NOTICE that employees were not properly supervising residents, and
2) SIMILAR ACTS for liability and punitive damages phases of trial.

Front 18

Whether party engaged in SPOILATION is:
1) a fact question for the jury, or
2) a question for the Judge.

Back 18

Spoilation =
Party has destroyed evidence
+ which is material to litigation

--> Fact ? for Jury

Front 19

True or False:

A party can pursue an INDEPENDENT ACTION for
"Spoilation" of evidence

Back 19

False

Front 20

Remedy if Fact-Finder determines a party engaged in "Spoilation"

The Court can:

Back 20

1) CHARGE jury: spoilation creates REBUTTABLE PRESUMPTION the evidence would've been harmful

2) DISMISS the case

3) EXCLUDE TESTIMONY about the evidence

Front 21

5 Factors Court considers in "spoilation" remedy

Back 21

"I.F. C.A.P."

1) Practical IMPORTANCE of the evidence
2) The Good/Bad FAITH of spoliator
3) Can we CURE the prejudice
4) Potential for ABUSE if testimony re evidence not excluded
5) PREJUDICE to non-spoliator