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Discovery Of Portions Of Other Patient’s Hospital Records Ordered.

May 2, 2014 by Leave a Comment

Discovery The sons of a woman who died after hip replacement surgery brought an action against the hospital and doctors. The post-operative order for decedent provided for morphine and Dilaudid as pain medication, but the form order left blank spaces for the doses and intervals for their administration, and did not provide whether the pain medications should be given for mild, moderate or severe pain. Decedent was found dead two hours after being given Dilaudid by IV push. The orthopedic surgeon testified his physician’s assistant and he discussed what and how much medication to give the decedent. The trial court granted plaintiffs’ motion to compel production of 160 postoperative orders including provisions for the administration of opioids, split equally between surgeries performed by the physician before and after decedent’s surgery, with personal information redacted. The physician sought extraordinary relief from the appellate court, contending the discovery order is unduly burdensome. The appellate court limited discovery “to the pain management provisions of the orders, including the type of surgery, date and signature fields, and directing that all other information be redacted.” (Snibbe v. Sup. Ct. (Bruce Gilbert) (Cal. App. Second Dist., Div. 4; February 27, 2014)224 Cal.App.4th 184, [168 Cal.Rptr.3d 548].)

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