Legal Aspects of Health Information: Spoliation and Record Retention

This report examines the legal aspects of health information, with a specific focus on spoliation and record retention practices within the healthcare industry. It begins by defining spoliation, referencing the case of Glotzbach v. Froman, and explaining the legal ramifications of destroying or altering medical records. The report highlights the importance of maintaining accurate and accessible health records, including the legal requirements for record retention. It provides practical recommendations for preventing spoliation in both electronic and paper-based systems, emphasizing the need for secure data storage, restricted access, and strict adherence to legal guidelines. By addressing these issues, the report aims to ensure the integrity and confidentiality of patient data, as well as compliance with legal and ethical standards.

Running Head: LEGAL ASPECT OF HEALTH INFORMATION 1
Legal Aspects of Health Information
Name
Institution

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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

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entrusted technicians in the health organizations should be allowed to access information. Health
workers that are caught with spoliation offense, should be heavily penalized and equally exposed
in public.
.
How to Prevent Spoliation of Paper Records
Health practitioners should ensure records kept are accurate and carefully documented and well
filled. The files should be later be kept in privacy, and where only trusted medical practitioners
have access to if need be.

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References
Ganoe, K. (2015). Privacy and Security in Paper-Based Behavioral Health Records (Doctoral
dissertation, The College of St. Scholastica).
Plitt, S., & Plitt, J. R. (2017). A Jurisprudential Survey of the Tort of Spoliation of Evidence:
Resolving Third-Party Insurance Company Automobile Spoliation Claims. Conn. Ins. LJ,
24, 63.
EMR & Clinical Data Spoliation Risk Prevention | HDA. (2020). Retrieved 21 February 2020,
from https://www.healthdataarchiver.com/avoid-spoliation-risks-when-storing-clinical-
data-long-term/