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15.3 DOCUMENTATION OF CARE
The importance of maintaining records of treatment rendered to a patient must not be underestimated. It may be many years after a patient has been treated before litigation is initiated; therefore, it is imperative that patient records of treatment in the physician’s office, as well as in the healthcare facility, be maintained. A jury could consider lack of documentation as sufficient evidence for finding a physician guilty of negligence.
Record Entries Accuracy
Medical record entries must be accurate. Such was not the case in Tulier-Pastewski v. State Board for Professional Medical Conduct, where two hospital administrators testified and showed undisputed proof that the physician had recorded a patient was alert during the purported examination when the patient was actually sedated and asleep. Evidence also indicated that the physician failed to properly document medical histories and current physical status. Although the physician asserted that evidence of failure to document did not support the findings of negligence because there was no expert testimony that her omissions actually caused or created a risk of harm to a patient, an expert witness testified that the missing information as to certain patients was needed for proper assessment of the patient’s condition and choice of treatment. This testimony, together with the importance of cardiac information when treating patients with chest pain, provided a rational basis for the conclusion by the administrative review board for professional medical conduct that the physician’s deficient medical recordkeeping could have affected patient care. The physician was found to be practicing medicine negligently on more than one occasion.
Nurse’s Charting
Nurses tend to access medical records more often than any other healthcare professional, simply because of the amount of time they spend delivering care to the patient. Because of the job description, the nurse monitors the patient’s illness, response to medication, display of pain and discomfort, and general condition. The patient’s care, as well as the nurse’s observations, should be recorded on a regular basis. The nurse should comply promptly and accurately with the physician orders written in the record. A nurse who has doubt as to the appropriateness of a particular order should verify with the prescribing physician the intent of the prescribed order.
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