Which oneof the following steps can shield against discovery of an incident report?
A-Reporting to the NPDB
B-Conducting a peer review
C-Following HIPPA regulations
D-Invoking the work product doctrine
Following HIPPA regulations.
I don't think its C.
Its D
The step that can shield against the discovery of an incident report is D - Invoking the work product doctrine.
Step D: Invoking the work product doctrine can shield against discovery of an incident report.
To understand why invoking the work product doctrine can shield against discovery of an incident report, let's break down the options and explain each one:
A- Reporting to the NPDB:
Reporting an incident to the National Practitioner Data Bank (NPDB) is a process that may provide legal protection for the individual or entity reporting the incident, but it does not necessarily shield the incident report from discovery. The NPDB is a confidential information clearinghouse for healthcare-related adverse actions, so it focuses on collecting and disseminating information rather than protecting individual reports.
B- Conducting a peer review:
Conducting a peer review is an important step in assessing the quality and safety of healthcare practices. However, the results of peer review processes are not automatically shielded from discovery. Peer review findings can be subject to legal scrutiny and may be discoverable in certain situations.
C- Following HIPAA regulations:
Following HIPAA (Health Insurance Portability and Accountability Act) regulations is crucial for protecting the privacy and security of patient health information. While HIPAA provides privacy protections, it does not specifically shield against the discovery of an incident report. HIPAA focuses on the protection of personal health information rather than incident reports.
D- Invoking the work product doctrine:
The work product doctrine is a legal principle that protects certain documents, including incident reports, from being discovered through legal proceedings. This doctrine is rooted in the idea that lawyers and their clients should be able to prepare for litigation without fear of their internal work being disclosed to the opposing party. By invoking the work product doctrine, the incident report is considered part of the attorney's work product and is shielded from discovery.
So, among the given options, the correct answer is D- Invoking the work product doctrine as it can provide a legal shield against discovery of an incident report.