Reference no: EM133599598
Problem A. Describe the damages alleged by the plaintiff in this case against defendant Howard Community Hospital.
Problem B. Do you agree with the 2010 court decision that the hospital's action met the definition of spoliation? Why or why not?
Problem C. Discuss in relation to this case the role of health records as evidence and the concept of legal hold.
Problem D. Offer recommendations for the hospital's management of the legal health record and for its litigation response plan.
Case summary (based on Howard Regional Health System, et al, Appellants-Defendants vs. Gordons, Appellee-Plaintiff, 2010)
Jacob Gordon was delivered by emergency cesarean section in 1999 at Howard Hospital in Indiana; he has several serious disorders allegedly related to his hospital care at birth. Jacob's mother, Lisa, filed a malpractice complaint on Jacob's behalf for damages against the Hospital; she later amended the lawsuit to include the obstetrician.
The lawyer representing Lisa Gordon subpoenaed evidence from the hospital. Eighteen months later Howard responded with records, but stated some of the records could not be located, including nursing notes, labor flow records, and fetal heart monitor strips. Gordon's lawyer retained an expert physician to review the health records that were presented and compare the care provided Jacob to medical care standards. The expert physician reported he could not provide an opinion regarding the standard of care due to the missing records.
According to Indiana statute, the Medical Malpractice Act, a proposed malpractice complaint must be presented to a medical review panel before going to court. The panel must give its opinion on whether the standard of care was met before an action against a health care provider can to taken to court. Gordon was unable to proceed with this review.
Indiana law states that a hospital is required to maintain its health records for seven years. That statute indicates a provider cannot be held liable for destroying or failing to maintain a health record if the destruction or failure to maintain the record occurred in connection with a disaster or emergency, but not if due to negligence of the provider.
The Hospital argued that Gordon did not prove that the loss of the records caused her harm and damages.
Gordon moved for summary judgment against the hospital in the case based on the Hospital's duty to preserve evidence, breach of that duty and that the breach made continuation of her malpractice action impossible.
The Appellate Court affirmed the trial court's decision, saying the Hospital had a duty to maintain its medical records and had breached its duty. The court also said that spoliation of evidence applied. Gordon as the parent was entitled to summary judgment on the question of whether the loss of the records was the proximate cause of the damage Jacob suffered; the damage was in the form of inability to prove a lawsuit against the obstetrician.