Title: Legal Theories in Improper Disclosure
Course: HIM 2012 Health Law > Section: Module 5 - Legal Theories in Improper Disclosure

Introduction

Civil causes of action encountered in healthcare settings are either based on negligence or intentional torts.  Battery, assault, false imprisonment and intentional infliction of emotional distress are examples of intentional torts.   There are causes of action that relate specifically to the improper disclosure of health information.

Conduct relating to improper disclosure of health information may lead to liability.  It is necessary to distinguish between intentional tort and liability, in civil actions.  Four elements must be present in a negligence action:  duty, breach, injury and a causal relationship between the breach and the injury.

Objectives

Upon completion of this module, the student will be able to
- Explain the liability in torts as it relates to healthcare and health information
- Describe the concept res ipsa loquitur
- Compare and contrast causes of action for improper disclosure of health information
- Discuss defamation and the defenses to prove a cause of action for defamation
- Discuss breach of confidentiality and defenses to prove a cause of action for breach of confidentiality

Readings & Resources

Required reading:  Brodnik, Melanie.  Fundamentals of Law for Health Informatics and Information Management.  AHIMA Press.  Current edition. (Chapter 5)

Optional:  Pozgar, George.  Legal Aspects of Health Care Administration.  Jones and Bartlett Learning.  Current edition.  (Chapter 6,11)
Optional:  McWay, D.  Legal Aspects of Healthcare.  Delmar.  Current edition.
American Society of Law, Medicine and Ethics
American Health Information Management Association
Agency for Healthcare Research and Quality
Healthcare Information and Management Systems Society
American Medical Informatics Association
National Association For Healthcare Quality

Assignments and Activities

- Read Chp. 5 in the Brodnik text

- Take the Module 5 Quiz
- Post on the Module 5 Discussion Board
- Post the Module 5 Internet Activity
- Continue working on the Health Law Electronic Portfolio (due in Module 10)