The Biomedical Researcher and Subpoenas: Judicial Protection of Confidential Medical Data

1986 ◽  
Vol 12 (3-4) ◽  
pp. 405-421
Author(s):  
Angela R. Holder
Keyword(s):  
Medical Data ◽  
Expert Witnesses ◽  
Biomedical Researcher ◽  
Medical Researchers ◽  
Judicial Protection

AbstractAn increasing number of medical researchers are being subpoenaed to testify or to supply records in cases in which they have not agreed to become involved as expert witnesses. The researchers’ published works are alleged to have formed the basis of the opinions of physicians testifying as expert witnesses in these cases. Although the courts usually protect confidential medical data, the considerable burden of quashing these subpoenas is still imposed upon researchers and their universities. This Article argues that courts should protect these research records from subpoenas.

Introducing a communication platform for accountable and transparent data processing in medical research (Preprint)

2021 ◽  
Author(s):  
Yuki Kuroda ◽  
Goshiro Yamamoto ◽  
Kazuya Okamoto ◽  
Tomohiro Kuroda
Keyword(s):  
Data Processing ◽  
Medical Research ◽  
Medical Data ◽  
Data Governance ◽  
Governance System ◽  
Communication Platform ◽  
Rule Compliance ◽  
Medical Data Processing ◽  
Medical Researchers ◽  
System Requirements

BACKGROUND Medical research for processing medical data is required to incorporate a governance system. Health data governance includes various elements. Among the values of governance, this study focuses on accountability and transparency. OBJECTIVE This paper proposes the system requirements for a communication platform to help medical researchers be accountable and transparent about medical data processing in medical research. METHODS We first examined accountability and transparency to find their shared bases and confirmed their importance by visiting medical research practices. Subsequently, we explored legal syllogism as the representative of rule compliance analysis to determine the system requirements to achieve the bases. RESULTS By examining accountability and transparency, we confirmed that these values were inherently vague but had two shared features– "organizing information" and "effective communication." Next, by analyzing the actual research process, we found that researchers needed to communicate effectively with legal and ethical experts to obtain appropriate support at the research planning phase. From these findings, the concept of a communication platform was derived. Through the analysis of the syllogism, we found three system requirements for the platform: (1) covering the entire chain of data processing activities; (2) being capable of recording relevant information for rule compliance analysis; and (3) being able to record compliance analysis results. CONCLUSIONS We introduced an example of a user interface in line with the discovered system requirements and discussed how our design can facilitate patients' and society's interests by empowering researchers to be accountable and transparent for their research. To support medical researchers to be accountable and transparent for their research, we proposed system requirements for a communication platform. CLINICALTRIAL N/A

A Trial Consultant's View of the Medical Expert Witness

2013 ◽  
Vol 18 (4) ◽  
pp. 7-10
Author(s):  
Deborah Rutt ◽  
Kathyrn Mueller
Keyword(s):  
Nonverbal Communication ◽  
Expert Testimony ◽  
Medical Literature ◽  
Expert Witness ◽  
Personal Injury ◽  
Expert Witnesses ◽  
Good Teacher ◽  
Medical Expert ◽  
Medical Terms ◽  
Medical Issues

Abstract Physicians who use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) often serve as medical expert witnesses. In workers’ compensation cases, the expert may appear in front of a judge or hearing officer; in personal injury and other cases, the physician may testify by deposition or in court before a judge with or without a jury. This article discusses why medical expert witnesses are needed, what they do, and how they can help or hurt a case. Whether it is rendered by a judge or jury, the final opinions rely on laypersons’ understanding of medical issues. Medical expert testimony extracts from the intricacies of the medical literature those facts the trier of fact needs to understand; highlights the medical facts pertinent to decision making; and explains both these in terms that are understandable to a layperson, thereby enabling the judge or jury to render well-informed opinions. For expert witnesses, communication is everything, including nonverbal communication that critically determines if judges and, particularly, jurors believe a witness. To these ends, an expert medical witnesses should know the case; be objective; be a good teacher; state opinions clearly; testify with appropriate professional demeanor; communicate well, both verbally and nonverbally; in verbal communications, explain medical terms and procedures so listeners can understand the case; and avoid medical jargon, finding fault or blaming, becoming argumentative, or appearing arrogant.

Challenges in Forensics Practice and Ethics for Expert Witnesses

2008 ◽  
Author(s):  
Richard J. Hornick ◽  
Hal W. Hendrick ◽  
Robert Kennedy ◽  
Kenneth Laughery ◽  
David Thompson
Keyword(s):  
Expert Witnesses

Current Status of a Medical Information System

1970 ◽  
Vol 09 (03) ◽  
pp. 149-160 ◽  
Author(s):  
E. Van Brunt ◽  
L. S. Davis ◽  
J. F. Terdiman ◽  
S. Singer ◽  
E. Besag ◽  
...  
Keyword(s):  
Information System ◽  
Medical Records ◽  
Medical Information ◽  
Clinical Laboratory ◽  
Development Program ◽  
Medical Data ◽  
Direct Access ◽  
Medical Information System ◽  
Current Status ◽  
Central System

A pilot medical information system is being implemented and currently is providing services for limited categories of patient data. In one year, physicians’ diagnoses for 500,000 office visits, 300,000 drug prescriptions for outpatients, one million clinical laboratory tests, and 60,000 multiphasic screening examinations are being stored in and retrieved from integrated, direct access, patient computer medical records.This medical information system is a part of a long-term research and development program. Its major objective is the development of a multifacility computer-based system which will support eventually the medical data requirements of a population of one million persons and one thousand physicians. The strategy employed provides for modular development. The central system, the computer-stored medical records which are therein maintained, and a satellite pilot medical data system in one medical facility are described.

Medical Data, Information, and Knowledge

1988 ◽  
Vol 27 (03) ◽  
pp. 109-110 ◽  
Author(s):  
J. H. van Bemmel
Keyword(s):  
Medical Data

PECULIARITIES OF JUDICIAL PROTECTION OF RIGHTS AND INTERESTS OF LOCAL SELF-GOVERNMENT BODIES

2019 ◽  
Vol 59 (1) ◽  
pp. 83-86
Author(s):  
L.I. Adashys ◽  
◽  
A.A. Levdyk ◽  
S.I. Levytska ◽  
◽  
...  
Keyword(s):  
Rights And Interests ◽  
Judicial Protection
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