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21 Cards in this Set

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After a med mal civil action is filed, does the Civil Practice Act provide for Production of Docs from Third Parties?
Yes.
9-11-34(c)
= CPA 34(c)
When is Dr. authorized to release a patient's medical information?
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
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.
False.
If CPA allows Dr. to release medical info, Dr. IS IMMUNE from liability for such release.
True or False:

There is no Dr.-patient privilege in Ga.
True.
True or False:

Because there is no Dr-Patient privilege, one has NO PRIVACY INTEREST in one's medical records.
False.
OCGA & HIPAA recognize a privacy interest in medical records.
True or False:

There IS a Patient-Psychiatrist privilege in Ga.
True.
- Patient VOLUNTARILY seeks help from Psychiatrist/Psychologist
--> Communications ABSOLUTELY PRIVILEGED
True or False:

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

Psychiatrist/Psychologist Communications are ABSOLUTELY PRIVILEGED
True or False:

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

ONLY communications made TO THE PSYCHIATRIST/Psychologist are privileged.
True or False:

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

There is NO implied waiver for Mental Health Records.
If mental health treatment is INVOLUNTARILY sought, what (if anything) is privileged?
1) COMMUNICATIONS between Patient and Care Provider
2) The FACT of treatment
Involuntary mental health treatment
--> COMMUNICATIONS privileged

--> FACT of treatment NOT privileged
Define "Medical Review Committee"
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.)
When are Medical Review Committee proceedings subject to Discovery or Entered into Evidence in civil action?
Never.
What are the 2 exceptions to the "Peer Review" discovery cloak?
1) Matters from Original Sources

2) Matters within one's Own Knowledge
Are Infection Rates discoverable?
Yes
Is Information from Nurses who compiled the data behind Infection Rates discoverable?
Yes
Are Nursing Home Incident/Accident reports discoverable?
Yes
For what purposes can Nursing Home Incident/Accident reports be used as evidence?
Evidence of
1) NOTICE that employees were not properly supervising residents, and
2) SIMILAR ACTS for liability and punitive damages phases of trial.
Whether party engaged in SPOILATION is:
1) a fact question for the jury, or
2) a question for the Judge.
Spoilation =
Party has destroyed evidence
+ which is material to litigation

--> Fact ? for Jury
True or False:

A party can pursue an INDEPENDENT ACTION for
"Spoilation" of evidence
False
Remedy if Fact-Finder determines a party engaged in "Spoilation"

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

2) DISMISS the case

3) EXCLUDE TESTIMONY about the evidence
5 Factors Court considers in "spoilation" remedy
"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