During a field trip with his classmate to Hyde Park, 12-year-old Corey Feldman fell out of a tree he decided to climb while at the park. That evening, his parents took him to the emergency room at Hendrick Health Hospital, where he was diagnosed with a fractured ulna. He was admitted and surgery was necessary. Corey was discharged after a two-day stay. Corey's parents afterward sued the school system and two of the three parent chaperones who had volunteered for failing to safeguard Corey during the field trip and failing to seek emergency medical care.

Three months later, the health information department director at Hendrick Health Hospital, James Foster, was subpoenaed with directions to bring Corey's record to a deposition the following day. The deposition was to be held in Colorado City, which was 125 miles away. James complied with the subpoena by preparing Corey's medical record. Hendrick Health Hospital's health record was hybrid, so James printed out the electronic components from the hospital's electronic health record system and collected the remaining components that existed on paper.

James drove to Colorado City the following morning. During the deposition, legal counsel for the Feldman's proceeded to ask James about Corey's medical record. James was asked to verify that the record was Corey's and that it was prepared in the usual course of business. He was then asked about the contents of the record. One question posed to him was whether Tylenol, which had been administered to Corey at the hospital, was given to lessen Corey's pain. James stated that he presumed legal counsel's statement was true, as that is a common reason for Tylenol to be given. James was also asked to read an otherwise illegible note that the physician, Dr. Cage, had written on the discharge instruction sheet. Dr. Cage was a visiting physician, and James was not familiar with her handwriting. Nonetheless, he tried his best to assist legal counsel in deciphering the note.

James was not involved in the case any further following the deposition. Several months later, he read in the newspaper that the case had gone to trial. One of the parent chaperones who was initially sued never responded to the complaint and did not participate in any of the proceedings, including the trial. A jury rendered a verdict against the school system and the three parent chaperones, with all being required to pay money damages.

• A verdict was rendered against three parent chaperones. How was the third parent included in the case?
• Based on the facts, was James Foster required to provide Corey's records in response to the subpoena? Why or why not? What factors did you take into consideration?
• Were all of the questions asked of James Foster during the deposition appropriate? If no, what questions were inappropriate and why?

Answer rating: 100% (QA)

The third parent chaperone was likely included in the case because they were one of the volunteers r... View the full answer