Photocopy of incident report

[shavsha]

I recently "wrote myself up" regarding an incorrect sliding scale dosage (due to poor doctor handwriting grrrr...but that's another thread!) The nurse that double checked the dosage also signed it. Later she handed me a copy of the report. I guess a lot of nurses make their own copies just in case the issue ever comes back to them. I discreetly asked a charge nurse if this was Kosher and she replied that "It wouldn't be a bad idea...those things always come back to bite you." The nurse who gave it to me takes hers home and I wondered about patient confidentiality. I thought about keeping it in a file in my employee locker but someone said if anyone found out about it it could be supeoned if a suit were ever brought and the plaintiff's lawyer found out about it. I know that if I were ever questioned I could not lie that I had a copy....so I ended up shredding it. I'm pretty sure it's against my hospital's policy to photocopy incident reports but I'm reluctant to ask because I don't want to get anyone in trouble. Has anyone ever heard of this practice and what do you think?

[Huganurse]

Depending on what agency or court level you are talking about and why they are doing it, the answer is yes, they can subpoena or search for anything they want. Even things that you may consider your own personal property.

[bhart]

Incident Reports are protected as Peer Review Documents and are not discoverable.

[ratchit]

I've been told that incident reports are not released unless they are specifically requested. But that any smart malpractice lawyer requests them.

I was told just this week that incident reports are viewable only to the state department of public health. If there is a complaint, the DPH can come look at it, but not take copies. No one else can even look at them, although the information on them will be shared. The risk manager said sometimes doctors will go storming down to risk management demanding to see the incident report in an attempt to see the signature so they know who reported them, but that they are not allowed to see the form, just told what was written.

So the information is conflicting. Personally, I keep copies of incident reports I write to cover myself. If the offgoing nurse made an error tht affected how I treated a patient (wrong order on med sheet, IV insulin given with an order but with no follow up glucoscan for 3 hours (result: 20's)...) 8 pages to a doctor with no call back on a patient circling the drain... You bet I keep a copy of it. Things get "circular filed" sometimes. Does me no good to write it up and then not be able to prove management knew of problems.

I keep copies but delete patient info beyond room and date. But I never tell people I do it. >:) And I'm speaking hypothetically and just kidding, of course.

[P_RN, ADN, RN]

Not necessarily,

http://www.ecri.org/documents/advisor4.pdf

.....The privacy rule does not grant individuals the right to see and copy incident reports and peer-review documents. How-ever, the privacy rule does not prohibit disclosures of incident reports and peer-review records "as required by other law"(i.e., discovery rules or common law may require such disclosures in some jurisdictions).A NONPROFIT AGENCY4ECRI AdvisoryFebruary 2001©2001 ECRI

[babsRN]

Thanks for the responses to my post about keeping a journal. I hope everyone knows not to mention an occurance report in your documentation...then the report could be discoverable by supoena. Be careful out there! b