Ethic at Work

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Possible violations if complaint is true

The likely violations if the grievance is real would fall under intentional torts and in particular the invasion of privacy. Under intentional torts there are four limbs of privacy torts. These are appropriation, intrusion, false light and public disclosure of embarrassing private facts. However, the fact pattern that is depicted in the case scenario discloses an element of intrusion which is an electronic, physical or mechanical intrusion in another person’s private space (McWay, 2010).

This form of tort requires that the complainant show that there was a wrongful intrusion into private concern. In essence, the invasion of privacy encompasses a person intruding into the private activities of another in a manner that is offensive to a person of reasonable sensibilities. As such, the most conceivable violation by the physician who accessed the electronic medical record of another is the deliberate invasion of privacy.

Further information the HIM director needs to acquire to verify the complaint

Further information and key issues that a HIM director needs to obtain once the complaint is forwarded include establishing whether there are any potential witnesses, documents for review, whether the aggrieved physician had reasonable expectation of privacy and that the privacy was breached. These factors must be established as soon as possible. Taking quick actions is vital because waiting too long to establish such issues might mean that would-be witnesses become intimidated, fail to recall essential details, leave the company or get prejudiced. Acquiring such information as soon as possible helps in the development of relevant facts.

It is equally important to identify which documents will be necessary and must also be found and secured. Such steps ensure that documents which are important in establishing the truth are not purged in ordinary cause of practice. The foregoing would assist in confirming the existence of a cause of action for intrusion. Here, the elements that lead to a conclusion that there was invasion are that the behavior of the person who is blamed was intended or reckless, that the violating physician did in fact invade the private affairs of the complainant without justification and that a reasonable person would regard the act as offensive.

How to respond as the HIM director if the complaint was valid and why

Once the validity of the complaint is not in doubt it is important to listen attentively and let the distressed person to express their sentiments. This helps in letting the complainant recognize that the invasion is generally a serious offense and should never be overlooked. It further enables the HIM director to have a clear understand of what is causing the discomfort.

Documentation of the complaint is an important aspect while resolving an issue once both the HIM director and the complainant have settled on what the grievance consists of. Basically, taking the time to write the complaint is a way of assuring the aggrieved person that the complaint is worth taking time to resolve. Once the HIM director has documented the grievance it is important to let the complainant read in order to ensure that no vital information is omitted (Newell, 2007).

Consequently, allow the aggrieved employee to participate in solving the dispute. It is important to discuss with the complainant possible ways of resolving the matter. This is can be encouraged by the HIM director through asking the aggrieved physician to suggest ideas and further sharing the ones the manager proposes. Once the manager and the aggrieved employee come up with several suggestions, they can then consider the likely outcome of each of the suggested solutions. It is important to bear in mind that although the manager does not have to commit to a solution right away the inclusion of the complainant in solving the dispute shows the desire to resolve the differences and avoid a recurrence of the problem. The resulting solution must contain factors associated with justice such as fairness, impartiality and honesty (McWay, 2010). After the matter has been resolved it is essential to follow-up with the complainant to see how the resolution has improved the situation.

Possible causes of action that first physician can file against the violating physician and against the facility

The Possible causes of action that the first physician can file against the violating physician include suing the latter for invasion of privacy, apparent tort, defamation and intentional infliction of emotional distress. The foregoing causes of action require that the complainant must be able to prove that the violating physician was reckless, had no justification and that his actions caused emotional distress. Accordingly, the aggrieved physician can institute a case against the facility for negligence.

However, in order for the aggrieved party to succeed in accusing the facility for negligence she must show that there was a duty of care owed to her by the facility and that duty was breached (McWay, 2010). Failure to deal with the issue once the HIM director becomes aware that the allegations are true may lead to legal challenges. Although the matter may initially seem simple it may lead to a lawsuit against the HIM and the facility. This would subsequently give rise to public relations difficulties.

The possible consequences for the facility if the facility takes no action

Failure to take any action to try and resolve the concerns of the physician may have a negative effect on her productivity. If this treatment is repeated again and again then it could lead to disastrous consequences. In most instances, even the concerns of a single staff member may affect the performance of an entire department or a team. Consequently, professionally handled concerns of a single team member can inspire the performance of the entire group. As such, taking no action on the issue of the first physician would lead to poor performance.

With regard to the foregoing, the HIM director should address the concerns of the physician in order to maintain the optimum productivity of the physician and by extension the entire facility. Often, the answers provided by the management may not be what the aggrieved party expected. However, the distresses are addressed and efforts are made to resolve the concerns.

If the HIM director receives a Subpoena Duces Tecum (SDT) for the medical record of the complaining physician

A Subpoena Duces Tecum is generally a court summons requiring a person to appear before court and to produce documents or any other evidence in the course of a trial. If such order is provided to a HIM director then he is obligated to furnish the court with the information failure of which a continuance may be granted upon proper justification for failure to produce. Accordingly, continued failure to produce may result in proper detention for contempt of court.

However, it is important to ascertain that the Subpoena Duces Tecum is proper before producing the documents. Consequently, in cases of alleged malpractices by physicians, any written summary of a case provided to another party is subject to Subpoena Duces Tecum. As a HIM director therefore one must comply with the court summons and produce the documents.

References

McWay, D. (2010). Legal and Ethical Aspects of Heal Information Management. New York:

Delmar, Cengage Learning.

Newell, R., Lagnado, A. & Shanks, R. (2007). Straight choices: The psychology of decision

making. London: Routledge.