Available in:

OnDemand Course

Lost, Stolen, or Damaged Medical Records: Organizing the Nightmare

Understand data breach security laws and safeguarding confidential records.

This presentation will look at the pitfalls associated with lost, stolen, altered, or damaged medical records. We will start by looking at HIPAA and state physician-patient privacy laws to establish baseline expectations for providers and record custodians. We will discuss best practices for retention as well as what to do when a breach occurs. We will discuss reporting requirements under the HIPAA framework and look at case studies to illustrate what may happen if a provider is found to have breached HIPAA. We will also look at how courts and legislatures handle the issue of lost, stolen, altered, or damaged medical records in the context of legal claims. We will discuss different approaches across the United States to the retention of medical records and different evidentiary standards regarding the spoliation of records in negligence suits. We will discuss strategies to minimize liability exposure and present case studies of when things go wrong.

90 minutes
Course Exam
Certificate of Completion
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

HIPAA

  • Exploring the Statute
  • Interaction With State Privacy Laws
    • The PhysicianPatient Privilege
  • Best Practices Under HIPAA
  • You Have a Breach, What Now?
  • Reporting Requirements
    • Timing
    • Form
  • Private Right of Action?
  • Case Studies

Records Retention and Spoliation of Evidence

  • State Records Retention Laws
    • Time Limitations
    • Allowable Exceptions
  • Records Retention and Production
    • EMR
    • Audit Trails
    • Pitfalls of Production
  • Spoliation of Evidence - Legal Standards
    • What Happens When Records Are Lost or Stolen
    • What Happens When Records Are Altered
    • What Happens When Records Are Damaged
  • Case Studies
  • Best Approaches

Questions

Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on December 6, 2023.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Stuart Berman

Stuart Berman

Barker, Castro & Steinback, LLC

  • Partner at Barker, Castro & Steinback, LLC in Chicago
  • Practice focuses on medical malpractice, long-term care defense, and the formation of captive insurance companies; he defends hospitals, medical centers, nursing homes, physician groups, individual physicians and nurses in medical malpractice, and long-term care negligence cases
  • Has particular expertise in cases involving complex and catastrophic losses, product liability, and compliance issues
  • Consults and advises hospitals and other healthcare facilities on restructuring risk management processes and compliance issues
  • National supervising counsel for two national insurance collectives and works to assist doctors and hospitals in forming captive insurance companies, risk retention groups, and risk purchasing groups
  • Frequently speaks to medical and legal professionals regarding topics related to healthcare litigation and has written or co-written multiple publications and has written, edited, presented, and/or co-presented multiple lectures covering a range of topics in medical malpractice
  • Graduate, Chicago-Kent College of Law; undergraduate, Bates College
  • Can be contacted at [email protected] or 312-447-3212
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 410865
Published 2023
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!