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Verdicts

A Record By Any Other Name

The Supreme Court of Ohio has determined that the Ohio General Assembly, in enacting R.C. 3701.74(A)(8), which defines the term “medical record,” did not intend to limit that definition to those records stored in a health care facility's medical records department. Griffith v. Aultman Hospital, 2016 Ohio LEXIS 759 (3/23/16).

Howard Griffith underwent surgery on May 2, 2012 at Aultman Hospital. After leaving intensive care, Griffith was moved to a step-down unit, where he developed intermittent atrial fibrillation and was placed on continuous cardiac monitoring. He was checked by the nursing staff at about 4 a.m. on May 6, at which time he was doing well. Forty-five minutes later, however, an x-ray technician found Griffith lying on the floor with his central line, chest tube and cardiac monitor detached from his body. He was unresponsive and did not have a heartbeat. Medical personnel resuscitated him and moved him to the intensive care unit, but by that time Griffith had already suffered severe brain damage. His family decided to remove the patient from life support the following day, and he died on May 8, 2012.

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