Legal information for nurses Legal Eagle Eye Newsletter for the Nursing Profession home page.
Confidentiality: Elder Abuse And Patient Burned In O.
Caretakers Not To Neglect: Court R.: Court Applies Res
Ipsa Loquitur.
Block Access To Extends Statute Of
Medical Records. Limitations.
C alifornia has a one-year statute of limi-
tations for healthcare malpractice, A patient awoke from surgery with
third-degree burns on the back of her
C riminal charges were filed against the
regional director of a nursing home’s
parent corporation after photographs were
which is relatively short compared to other
states. There may be grounds to extend
the one year, but it cannot go beyond three
thigh.
It was not clear how it happened but
an expert witness hired by her attorneys
sent to state investigators of a resident years. Many other states also recognize came up with two hypothetical explana-
with severe decubitus ulcers. grounds to extend the statute of limitations tions, both of which blamed the O.R. per-
but have a similar arbitrary maximum re- sonnel for negligence.
gardless of the circumstances. The New York Supreme Court, Appel-
Patient confidentiality in late Division, acknowledged the plaintiff’s
medical records is very im- In civil cases, if a person expert’s theories were speculative. How-
ever, the court ruled this was something
portant, but a nursing home who has cause to file a law- that would ordinarily not happen in the
and its employees are not suit is disabled from filing a absence of negligence and allowed the
allowed to claim medical lawsuit because of being a case to go forward based on the legal rule
confidentiality to block ac- minor or insane, the time the of res ipsa loquitur, that is, “It speaks for
cess to relevant records in person is disabled from filing itself.” Babits v. Vassar Brothers Hospi-
tal, 732 N.Y.S.2d 46 (N.Y. App., 2001).
an investigation into possi- the lawsuit is not part of the
ble abuse or neglect. statute of limitations.
It does not make sense to In this context the word Patient Beaten In
allow a suspected wrong- “insane” means the person
doer to use another per- is incapable of caring for his E.R.: Court Says
son’s privilege to shield his or her property or transact- No To Res Ipsa
or her own actions. ing business or understand-
COURT OF CRIMINAL APPEALS ing the nature or effects of Loquitur.
OF OKLAHOMA, 2001.
his or her acts.
The Court of Criminal Appeals of Okla-
A nursing home patient can
homa ruled a nursing home does not have be considered to fall within
A
patient awoke in the emergency room
with bruises all over his body.
He testified he had been drinking and
the right to claim medical confidentiality to this definition of being in- went to the emergency room for chest
block access to patients’ medical records sane, extending the time the pains, sat down, went to the restroom, sat
sought by Federal or state investigators, patient can sue for substan- back down and then woke up injured.
assuming the investigators have followed Two hospital security guards testified
dard treatment.
proper legal procedures to obtain the rec- CALIFORNIA COURT OF APPEAL, 2001. he came in highly intoxicated, picked up
ords. and swung a chair breaking a window and
The court also said that a high-level had to be physically restrained for the
management employee can be considered a The California Court of Appeal ruled safety of staff and other patients.
caretaker for purposes of a state criminal recently that a nursing home resident could The New York Supreme Court, Appel-
statute that forbids abuse or neglect by a sue for all of the acts of neglect that oc- late Division, ruled res ipsa loquitur did
caretaker. However, in a criminal prosecu- curred up to three years, not one year, be- not apply. The security guards may or may
tion the defendant has the right to trial by fore a lawsuit was filed on her behalf. Her not have used excessive force. Under the
jury and can have the question whether or mental status fit the civil-court definition of circumstances the patient being injured, in
not he or she is a caretaker submitted to a insanity, which extended the statute of limi- and of itself, did not prove the hospital was
jury. State v. Thomason, 33 P. 3d 930 tations for a civil suit on her behalf. Alcott negligent. Garcia v. Bronx Lebanon Hospi-
(Okla. Crim. App., 2001). Rehabilitation Hospital v. Superior Court, tal, 731 N.Y.S.2d 702 (N.Y. App., 2001).
112 Cal. Rptr. 2d 807 (Cal. App., 2001).
Legal Eagle Eye Newsletter for the Nursing Profession January, 2002 Page 7
Legal information for nurses Legal Eagle Eye Newsletter for the Nursing Profession home page.