LEGAL ASPECTS OF HEALTH INFORMATION.

Running Head: LEGAL ASPECT OF HEALTH INFORMATION 1
Legal Aspects of Health Information
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LEGAL ASPECTS OF HEALTH INFORMATION 2
Legal Aspects of Health Information
(https://www.americanbar.org/groups/litigation/committees/commercial-business/practice/2018/
spoliation-of-evidence/)
Record retention statue requires medical practitioners to maintain and preserve patient
medical records and information regarding the patient's condition, treatment, diagnosis, which is
not only used by the current health providers but also for future reference. The statute requires
health facilities to maintain patient health records for not less than five years beyond the patient’s
death (Ganoe, 2015). Sanctions for spoliation may are monetary fines, entering a judgment
against a party, granting a default judgment, penal codes. Besides, spoliation may lead to
incarceration for the parties that engaged in spoliation.
Summary of Spoliation.
About the case Glotzbach v. Froman, 854 N.E.2d 337 (Ind. 2006), Indian law does not permit a
claim against the employer for spoliation of evidence concerning a claim by the employee.
According to Glotzbach v. Froman, 854 N.E.2d 337 (Ind. 2006) if there is spoliation by a party,
the lawsuit is approved, the rules permit the jury to infer missing evidence as unfavorable to the
party (Plitt, & Plitt,2017). From the case, an employee is entitled to worker's compensation and
permitted to any claims of spoliation of the employer on litigation that WCA may be designed to
foreclose.
How to Prevent Spoliation in Electronic records
Health information should archive in good systems where they are not easily deleted and
strong passwords created for security ("EMR & Clinical Data Spoliation Risk Prevention |
HDA", 2020). Besides, records should be documented in health information systems and only