which of the following will enhance the possibility that an incident report will not be discoverable during litigation?
a) writing "not discoverable" on the first page of the report
b)distributing it only to hospital employees
c) distributing it only to the health facility's attorney
d)it will always be discoverable
Why on earth would you want to know how to be unethical?????
d is the correct answer. THere are no secrets in this world.
To determine which option will enhance the possibility that an incident report will not be discoverable during litigation, we need to understand the concept of discoverability in the legal context. Discoverability refers to whether a piece of evidence or information can be obtained by the opposing party during the litigation process.
In general, incident reports are prepared to document details of unexpected events, accidents, or errors that occur within a facility, such as a hospital or healthcare facility. These reports can potentially serve as evidence in legal proceedings.
Now let's evaluate each option:
a) Writing "not discoverable" on the first page of the report:
Simply writing "not discoverable" on the first page of the report does not necessarily make it non-discoverable. It is up to the court, not the parties involved, to determine whether a document is discoverable or not. A label on the report alone will not likely have a significant impact on discoverability.
b) Distributing it only to hospital employees:
Distributing the report exclusively to the employees within the hospital may limit the chances of it being discovered, but it does not guarantee that it won't be discovered. Courts generally have mechanisms to request and obtain relevant documents, even those held by specific parties or entities.
c) Distributing it only to the health facility's attorney:
Sending the report solely to the health facility's attorney may help to establish attorney-client privilege, which generally protects confidential communications between an attorney and their client. If the report falls under attorney-client privilege, it may be protected from discovery. However, the effectiveness of this approach may depend on the specific legal rules and jurisdiction.
d) It will always be discoverable:
This statement is incorrect. While incident reports can be subject to discovery, whether they are discoverable or protected by privilege depends on various factors such as the rules of the particular jurisdiction, the type of litigation, the content of the report, and the specific circumstances surrounding the case.
In conclusion, option c) distributing the report only to the health facility's attorney has the highest likelihood of enhancing the possibility that an incident report will not be discoverable during litigation. However, it does not provide an absolute guarantee, as the final determination of discoverability is up to the court.