Q: Are hospitals required to release statistics on infections acquired by patients during a hospital stay?
A:
I need more information to fully answer your question, but in general the answer would be no.
The most common exception to this is if the statistics are included within the patient's chart, and it is that same patient or the patient's representative (i.e. An attorney) requesting a copy of the charts. … The patient, as well as the patients attorney, assuming proper authorization was given, may always also go to the hospital's record department and review the entire original chart to make sure said Hosp has provided you with an accurate certified copy of the chart… If they have not, the hospital can receive a spoliation of evidence charge at trial.
Another exception is if the department of health/OPMC requests a chart, and assuming the statistics are contained within the chart, they should be provided to the DOH as well.
In general though, and I worked the first five years of my career doing malpractice defense for hospitals, the institutions normally keep the statistical data for quality improvement purposes only; as such it is not discoverable unless there is a reference in the patient's chart saying something like, "the patients INC levels were well below the statistical norm for this hospital". In that case the hospital is opening the door for the otherwise protective material to be released.
I would start with requesting the chart, which the hospital has to give a full and complete copy of, and maybe we'll get lucky and the statistics will be contained there… If not, have an attorney review the chart to see if there any specific enough references to hospital statistics for a judge to rule the hospital must turn them over.
Please let me know if I can be of any further assistance and I hope the above helps, Aubrey C.Galloway III, Esq
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