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Chapter 4: Legal preceedings
Terms in this set (39)
What is litigant?
participants in a lawsuit, usually refers to the plaintiffs
what is class action?
group of litigants
What is discover?
pretrial process to obtain information
what is discoverability?
limits on parties to discover
What is Admissibility?
evidence allowed to be admitted into court
What is a subpoena?
legal tool to compel the appearance of a person or produce information - can't ignore, must respond
What does Subpoena duces tecum mean?
must appear in person to produce information
What does Subpoena ad testificandum mean?
must appear in person to testify
What does a Quash mean in a subpoena?
asks a judge to nullify a subpoena
What is a court order?
order issued by a judge to appear or submit information
What is a warrant?
judges written order authorizing law enforcement to conduct a search and/or seize evidence or arrest a person
What are compensatory damages?
damages awarded to compensate a defendant for loss
What are punitive damages?
punish the defendant, fines
What does Pro-se mean?
individual self-represents without an attorney
What is substantive law?
Defines rights and obligations that arise between two or more parties
What is Procedural law?
Provides court rules to guide a lawsuit from beginning through completion
What can Procedural law involve with in a court?
What are the parties to a lawsuit?
Plaintiff and defendant
What is a class action when it comes to a plaintiff?
There may be more than one plaintiff
Lawsuit on behalf of a large group
What is a plaintiff in a lawsuit?
Party that initiates a lawsuit to enforce rights or another's obligations
What is a defendant in a lawsuit?
Individual or organization that is the object of the lawsuit
There may be more than one defendant bearing responsibility for the alleged wrongdoing
How does litigation happen in a pre-trial?
1. Someone has to file a complaint. We generally have to do these with the statue of limitations which is 2 years.
2. Serve a summons on the defendant: Can ignore a summons; its just like here is your paperwork.
If you ignore: Plaintiff always wins; defendant always goes to the summons.
Best to respond
3. Counter claim- Defendant could turn around and sue the plaintiff
What is Discovery in a pre-trial?
Filing a motion to obtain information to assess strength and weaknesses in each party's case
we may not intend to use the information; we just want to obtain the information to access the strength and weakness of the parties for the case.
What happens in Discoverability when it comes to a pre-trial?
1. Limits on parties to discover pre-trial information
2. May lead to settlements
3. Adheres to evidence rules
4. Must be relevant to the case: It cant be a bunch of junk hanging
5. Obtained by subpoena
If it is Mental health; has to be a court order; they try not to discover mental health or sensitive information
6. Controls "fishing" for information
7. Some information is privileged and undiscoverable
What is E-discovery when it comes to a pre-trial?
o Puts emails and text messages at risk
o Anything that can be obtained through a FOIA
What is computer forensics?
Scientific methods to analyze sources of data, such as hard drives or servers to determine if evidence was accessed, destroyed, or manipulated using access logs and metadata as a investigative tool
May result in suing for not maintaining and retaining information
What is Deposition?
Testimony under oath outside of the formal court
Both attorneys, parties, and court reporter
Testifies under oath
What does deposition result when it is read at a formal trial?
Can be used to discredit witnesses or demonstrate inconsistencies in testimony
Used to record testimony for individuals who may not be present at trial
who issues subpoenas?
clerk of court
What goes on when a motion of quash happens?
Attorney for the defendant
Decided by a judge
Requests for privileged information
Who is a court order issued by?
why would you be held in contempt if you dont respond to a court order?
Failure to obey court order
Failure to appear
Failure to demonstrate respect for the court
How is a subpoena prepared?
Make sure the subpoena is HIPAA compliant
If the subpoena is not valid, then return it to
sender according the invalid authorization
Only a court order can override HIPAA
compliance and patient authorization
Subpoenas are common and are not usually
against the hospital
If hospital is a defendant, then contact Risk Management, who will provide further instructions
Examine the record for completeness and legibility
Ensure the patient's name is present on every page - printer settings
Review for potential liability and contact Risk Management if unsure
Flag to print only what is requested in the subpoena
How is a subpoena ducus tecum prepared?
Number the pages
Prepare an index of contents
Duplicate a copy
Personally deliver the record and get a receipt
When it comes to a subpoena testificandum, what happens when someone testifys in court?
Prepare for a long wait
Only answer what you have been asked
Make sure you are familiar with hospital policies & procedures regarding release of information and the handling of the record in question, prior to the proceeding
Discuss your testimony with hospital legal counsel and admit you discussed it when asked
Pay close attention to the ramblings, objections, questions by the attorneys, and instructions from the judge
How is a subpoena testifcandum prepared?
Do not answer questions which are not in your field of knowledge, especially when they involve clinical interpretations
Do not decipher handwriting in the record. That's the doctor's job
• Think before you speak
• Speak distinctly. Do not use slang terms or metaphors. Speak in a monotone or without expression. Practice at home.
Do not crumble under pressure
What is the Illinois medical studies act?
All information produced during the course of internal committees, peer reviewed activities, used in the course of internal quality control is privileged, confidential, and not discoverable or subject to subpoena
Protects the process of improving care
Must arise out of the committee structure
Will not protect information generated outside of the committee and reported to the committee.
What is an incident report under the illinois medical studies act?
Collects and reports information regarding an incident in order to prevent similar occurrences in the future
Not discoverable or subject to subpoena
Who does the illinois studies act protect?
Medical staff committees
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