Unit 4 Application Assignment - Domko

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Park University *

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517

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Health Science

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Dec 6, 2023

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docx

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Uploaded by DeanTankMonkey27

Rodgers v. St. Mary’s Hospital Keri M. Domko Park University HA517DL: Legal and Ethical Issues in Healthcare Administration Dr. James Baird November 19, 2023 Module 5: Medical Records HA517 1

Facts On May 27, 1986, Kalan Rodgers, Sr. filed a medical malpractice suit against St. Mary’s Hospital (the hospital) along with the obstetricians and radiologists assigned to his wife, Brenda’s, care. Brenda Rodgers died two days after giving birth to their son. The circuit court of Macon County entered a summary judgment in favor of the hospital on May 13, 1988. The decision against the hospital was not appealed by Mr. Rodgers but he proceeded to trial against the obstetricians and radiologists on June 10, 1988. The jury awarded $1.2 million in favor of Mr. Rodgers against the obstetricians but did not find the radiologists liable. Mr. Rodgers did not appeal the finding against the radiologists. In September 1987, Mr. Rodgers filed a separate complaint for damages against the hospital alleging that the hospital breached its statutory duty to preserve for five years all the X rays taken of Mrs. Rodgers. He claimed that the X rays were crucial to proving his case against the radiologists and the obstetricians. The circuit court dismissed the claim without prejudice. The complaint was amended and brought to action against the hospital in May 1989, the day after he reached the $800,000 settlement with the obstetricians. Mr. Rodgers alleged that his wife’s death was caused by a sigmoid colonic volvulus and that the condition appeared on an X ray that the hospital had a duty to preserve. Mr. Rodgers stated that if the X ray had been present, he would have been awarded the additional $400,000 from the $1.2 million award in the case against the obstetricians and radiologist (Justia Law, n.d.). Issue Did the hospital fail to maintain compliance with the X ray Retention Act. Would the presence of the X ray in question have altered the judgement in the case against the obstetricians and radiologists. Is the X ray Retention Act merely an administrative regulation to be enforced exclusively by the Department of Public Health? According to the Illinois General Assembly (n.d.), hospitals which produce photographs of the human anatomy by the X-ray or roentgen process on the request of licensed physicians for use by them in the diagnosis or treatment of a patient's illness or condition shall retain such photographs or films as part of their regularly maintained records for a period of 5 years provided that retention of said photographs or film may be by microfilm or other recognized means of minification that does not adversely affect their use for diagnostic purposes. Module 5: Medical Records HA517 2

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