Re: elective ultrasound photos of their unborn babies
From: James Smeltzer (James.Smeltzer@wellstar.org)
Tue Apr 26 08:32:58 2005
Hi,
I did not say record, only the contents.
All the attributes of property are there - cannot be released except
under strictly controlled conditions - without permission - to anyone
else; patient has a right to get it when needed; consequences for you if
you do not provide it; patient has an absolute right to publish it or
prevent publication.
Sounds like the patient owns the contents to me... ;^)
To my knowledge the one issue that has not been settled is whether we
have a right to prevent taping. I would not like to be the guy sued who
said that pt could not tape & was sued over this issue or the issue of a
missed diagnosis under these circumstances. To me, we have done the
work of establishing a prima facie case for the patient's attorney when
we do this.
I ain't no lawyer but I would be a lot more comfortable on the other
side of that one, which is why we tape on request with a reasonable
charge for the tape if the pateint does not provide a new one, as well
as discouraging our patients from getting "keepsake" sonograms,
encouraging early bonding with the baby, a positive attitude toward the
pregnancy, and a feeling of reality and a "place" in the family for the
unborn child - all PROVEN benefits of sonography.
I personally have more trouble with those who do not permit taping than
with those who fill the breach that they create and provide "keepsake"
sonograms....
After all, folks, this is America. We believe in freedom first,
property second and life third. The only arguments we really have
against keepsakes is an immanent danger to health - which ain't so,
misleading the patient - which may or may not be so, and that it's bad
for our business - which also ain't so. The REAL issue is that it makes
us feel bad when others take our profession, which we love and cherish
and pour our hearts and blood into, and turn it into a "cuteness" side
show, at a big profit. This makes us feel bad, sad and envious, but is
irrelevant.
If we focus on doing what is right ourselves we will be a lot better
off than focusing on what others do that is wrong. Jesus said this
about a hundred ways and it is the kernal of my faith - when I can
follow it.
Love,
Jim S
--
James S. Smeltzer, MD, FACOG, SMFM
Consultant, Maternal Fetal Medicine
Wellstar Physicians' Group
Northwest Women's Care
787 Campbell Hill St
Marietta GA 30060
James.Smeltzer@wellstar.org
VM 678-290-3035
Off 770-528-0260
Page 404-318-3451
>>> evsono@pipeline.com 4/25/2005 8:17:51 PM >>>
James
in NY State the patient is NOT entitled to Her record but rather a
true
copy for which a reasonable copying fee can be charged.
art
At Mon, 25 Apr 2005, James Smeltzer wrote:
>
>Y'all,
>
>Like I said before, the content of the examination - as are the
content
>of all medical records- is/are the PROPERTY of the patient.
>
>I personally would never go along with any loved one from my family
who
>went somewhere for an OB sonogram where they did not let her have a
tape
>or disc of the exam. What are they hiding??!!
>
>Jim
>
>--
>James S. Smeltzer, MD, FACOG, SMFM
>Consultant, Maternal Fetal Medicine
>Wellstar Physicians' Group
>Northwest Women's Care
>787 Campbell Hill St
>Marietta GA 30060
>James.Smeltzer@wellstar.org
>VM 678-290-3035
>Off 770-528-0260
>Page 404-318-3451
>
>>>> jworrall@alaska.net 4/22/2005 10:46:02 AM >>>
>
>This is a complete and balanced presentation of the subject. Probably
>the
>wave of the future.
>
>I wonder about the requirement that a regular physician-ordered
>ultrasound
>has to be done first. Does this mean that patient could have two
>ultrasounds
>in one day, perhaps performed by the same sonographer. I would think
>the
>insurance/Medicare/other third party payer would wonder why they have
>to pay
>for an exam that the patient is paying for out of her pocket just a
few
>
>minutes later.
>
>Allen
>
>>>----- Original Message -----
>From: "DuBose, Terry" <DuboseTerryJ@uams.edu>
>To: "Multiple recipients of list ULTRASOUND"
><ultrasound@dns.obgyn.net>
>Sent: Friday, April 22, 2005 5:34 AM
>Subject: elective ultrasound photos of their unborn babies
>
>> A New Way To Bond
>>
>> Starting next week, a new business will offer women elective
>ultrasound
>> photos of their unborn babies
>> http://www.fortwayne.com/mld/newssentinel/news/local/11404862.htm
>>
>> Terry J. DuBose, M.S., RDMS, FSDMS, FAIUM
>>
>> Associate Professor & Director
>> Diagnostic Medical Sonography Program
>> University of Arkansas for Medical Sciences, CHRP
>> 4301 West Markham St. Mail Slot #563
>> Little Rock, Arkansas, 72205 USA
>> 501-686-6510
>> DuBoseTerryJ@UAMS.edu
>> http://www.io.com/~dubose/
>> http://www.uams.edu/chrp/dms/default.asp
>> http://www.obgyn.net/us/panel/panel.htm
>> ---------------------------------------------------------------
>>
>> ---------------------------------------------------------------
>> ---------------------------------------------------------------
>> ---------------------------------------------------------------
>>
>> ---------------------------------------------------------------
>> -----Original Message-----
>> ---------------------------------------------------------------
>> From: sonographers-connection@lists.uchsc.edu
>> ---------------------------------------------------------------
>> [mailto:sonographers-connection@lists.uchsc.edu] On Behalf Of
>> ajflem@earthlink.net
>> Sent: Friday, April 22, 2005 8:21 AM
>> To: Multiple recipients of list SONOGRAPHERS-CONNECTION
>> Subject: FYI
>>
>> http://www.fortwayne.com/mld/newssentinel/news/local/11404862.htm
>>
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--
art fougner, md
"If you don't know where you are going, you will wind up somewhere
else."
Lawrence Peter Berra
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