Mrs. Jean Harper was admitted to Richmond Medical Center for hipreplacement surgery. Pre-operatively she was administered aprophylactic medication to reduce post-operative Gastrointestinalcomplications as part of the surgeon’s, Dr. Gilchrist, standingorders. Unfortunately, Mrs. Harper had an allergy to the medicationwhich was listed in her medical record, but went unnoticed bystaff. Once the error was recognized, Benadryl was given tocounteract the original medication but that caused a steep drop inher blood pressure which led to a stroke. Mrs. Harper suffereddysphasia and hemiplegia which continue to this day. Mrs. Harpersued Dr. Gilchrist and the nursing staff for damages as a result ofthe injuries she sustained. Her attorney, Monique LeClair,recognized the need to move quickly to preserve the documentationrelated to the case.
1. Based on that necessity, what should the attorney ask thecourt for as a first step ?
2. Identify why this is a necessary step in this proceeding.
Next, knowing that RMC’s medical records were hybrid, Ms.LeClair needed access to the electronic documents which were partof her patient’s record along with any e-mails that may have beenpertinent to the case. Documents were then exchanged between thevarious lawyers and members of the hospital staff gave pretrialoral testimony. Upon reviewing documents from the hospital, Ms.LeClair’s team found a metadata discrepancy on an e-form used todocument the patient’s vital signs. The attorney had the courtissue an order for nurse responsible for the documentation toappear at the trial. Based on the nurse’s statement at trial thatthe document had been altered to reflect constant vital signmonitoring with no substantial change. The decider’s of factsupported Mrs. Ramsey and awarded 4.3 million dollars indamages.
Note – use legal terminology to describe the individual(s) andtheir role Identify who/what completes the following:
1. Court missed the order requiring the nurse to appear at thetrial – who issues the order.
2. Deciders of fact- who are they? Explain their role (s). Bespecific, outline each role.
3. Pre-trial exchange of documents between lawyers – Who isresponsible for this action? Be specific, outline each role.
4. Pretrial oral testimony- Who provides this? Be specific,outline each role.
5. Electronic Documents- who is responsible ? Be specific,
6. Statement at trial- who provides open/close? Be specific,outline each side.
