Question

Discuss the key legal investigations that may involve a healthcare facility and its staff. Be sure to include the concepts of subpoena duces tecum and subpoena ad testificandum in your answer.

Your response must be at least 500 words in length.

Answer 1

The various legal investigation a healthcare facility may find itself in would be as follows,

• The anti-kickback laws- In very simple terms, taking/giving money to the patient for referrals by the hospital or physician which would be paid to the hospital by the government healthcare program such as the medicare and medicaid. This law was to keep either of the parties from influencing their medical and treatment descisions from monetary gains. Many a times, physicians advise tests and procedures which not be required for financial gains. Example of a kickback would be hospitals giving additions 'performace bonus' to its physicians depending on the number of tests and procedures ordered by the physician.

• Medical Negligence- when the negligence of a physician directly harms the patient, the patient or his/her next of kins have the right to file a case against the physician or hospital for medical negligence. medical negligence is different from medical malpractise, where not over-looking, is the cause of harm to the patient, such as illegal organ harvesting, without the informed consent of the patient

• Subpoena ad testificandum- Here the physician or the primary doctor of the case is called for giving a verbal testimony. It could also mean that just about any physician is called to give a better undertanding of a condition which could be best explained by a professional of the field. The best example would be the doctors giving their testimonies in the movie 'Exorcism of Emily Rose' where the psychiatrist was the primary treating doctor of the decreased patient.

• Subpoena duces tecum- Just like the previous investigation evem here the phycisian is called to testify, but along with documents and reports that support the claims made by the doctor. If a doctor has been called to testify the cause of death in a case, the doctor must bring in and submit reports substantiating the cause of death.