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Legal Aspects of Documenting Patient Care for Rehabilitation Professionals, Third Edition

Author(s): Ron W. Scott, PT, JD, EdD, LLM, MSBA
Details:
  • ISBN-13: 9780763730468
  • ISBN-10:0763730467
  • Paperback    240 pages      © 2006
Price: International Sales $100.95 US List
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Overview

Because communication among health care professionals can mean the difference between patient life and death, clear and effective patient care documentation is as important as the delivery of care itself. The rehabilitation professional faces formidable documentation responsibilities.  Patient care documentation created by the rehabilitation professional must be accurate, comprehensive, concise, objective, and timely. In an interdisciplinary health care environment, documentation must also be expeditiously communicated to other professionals on the health care team.

Legal Aspects of Documenting Patient Care for Rehabilitation Professionals, Third Edition, provides a comprehensive overview of legal issues related to everyday patient care clinical documentation.  This text presents extensive coverage of the electronic medical record, the HIPAA Privacy Rule and incident reporting, among other focused topics.

Legal Aspects of Documenting Patient Care for Rehabilitation Professionals, Third Edition guides the rehabilitation professional through what can be a bewildering and overwhelming range of documentation duties and responsibilities.

Chapter coverage includes:

  • The Legal Environment
  • Documentation Methods & Management
  • The Patient Care Record in Legal Proceedings
  • Informed Consent Documentation Issues
  • Documentation in Quality and Risk Management Activities
  • Current Issues (including HIPAA and advance directives)

The book also includes and extensive glossary of terms and abbreviations.

ShowKey Features

Key HIPAA and patient authorization documents appear in both English and Spanish.

Presents "top 25" list of documentation problems, errors, and suggestions. 

Easy-to-read case studies with model answers, many HIPAA-related.

Health care malpractice overview.

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ShowTable of Contents

Chapter 1: Documentation and the Legal Environment

• The Health Care Malpractice Crisis

• Malpractice Defined

• Professional Negligence

• Ordinary Negligence Versus Professional Negligence

• Professional Standard of Care

• Inference and Presumptions of Health Professional Negligence

• Defenses to Healthcare Malpractice Negligence

• Vicarious Liability

• Liability for Patient Abandonment

• Bases of Liability Other then Negligence

• Other Settings and Consequences of Malpractice Actions

• Malpractice Trial Practice and Procedures

• The National Practitioner Data Bank

• Patient Care Documentation and Tort Reform Measures

 

Chapter 2: Clinical Documentation Methods and Management

• Purposes of Patient Care Documentation

• Contents of Patient Care Records

• Formats for Patient Care Documentation

• Risk Management Considerations for Effective Patient Care Documentation


Chapter 3: The Patient Care Record in Legal Proceedings

• Patient Treatment Records as Business and Legal Documents

• Patient-Focused Documentation: The Road Map to Quality Care and Effective Risk Management

• Creation and Maintenance of Patient Records

• Nonavailablility of Patient Care Records as Evidence of Spoliation

• Ownership of Patient Care Records

• Admission of the Patient Care Record in Court as Evidence

• Confidentiality of Patient Care Information

Chapter 4: Informed Consent Documentation Issues

• Legal Recognition of the Concept of Informed Consent

• When Is the Failure to Obtain Patient Informed Consent Legally Actionable?

• Disclosure Elements for Legally-Sufficient Patient Informed Consent

• Documenting a Patient’s “Informed Refusal”

• Clinical Models for Implementing Informed Consent

• Special Informed Consent Issues

• Informed Consent Documentation Formats

• Managed Care Informed Consent Documentation Issues


Chapter 5: Documentation Issues in Quality and Risk Management Activities

• Components of a Health Care Quality Management Program

• Confidentiality Considerations in Patient Care Quality Management

• Risk Management Patient Care Record Review

• Monitoring Informed Consent as a Quality Improvement Indicator


Chapter 6: Current Issues in Patient Care Documentation

• Advance Directives and the Patient Self-Determination Act

• Adverse Incident Documentation Issues

• Clinical Practice Guidelines as Evidence of the Legal Standard of Care

• Documenting the Care of Sexual Assault Patients

• Documenting the Use of Patient Restraints

• Electronic, Photographic, and Video-format Patient Care Records

• HIPAA
• Legal Issues Associated with Reimbursement Documentation

• Mandatory Reporting Requirements

• Patient Discharge Documentation

Patient Noncompliance, Disengagement, and Abandonment

Withdrawal of Life Support/DNR Guidelines
Telehealth Documentation Issues


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ShowAbout the Author(s)

Ron W. Scott, PT, JD, EdD, LLM, MSBA

Ron Scott has been a health professional (LPN, OR technician, PT, clinical manager and administrator) since 1970, an attorney-mediator since 1983, and an academician since 1985.  One of his principal passions is helping health care professionals and organizations minimize their clinical liability risk exposure through effective patient care documentation that is accurate, communicative, complete, concise, objective and timely.  Ron is the author of 13 texts and more than 100 health law-related articles.  He is a Professor at Rocky Mountain University of Health Professions (OT, nursing, PT) and is adjunct faculty at Husson University, Webster University, the University of Indianapolis and the University of Montana.          

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ShowReviews

  • "This is a book that should be in the hands of all clinical and academic personnel."

    --Jay Schleichkorn, PhD, PT
    www.mediamd.com/ptjay

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ShowAppropriate Courses

This text is intended for clinical health care professional documentation courses, legal issues courses, and management courses. It is appropriate for two-year and four-year college programs, and graduate programs as well. Depending on the scope of the course and instructor needs, this book can be used as a core text or as a supplementary text used in conjunction with others.

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