Please answer question 8 pertaining to the case study provided. This course has to do with legal issues in health care.

Case Study #2 - A member of the hospital's medical staff has been accused of improperly billing Medicare for treatments done in his office that were not medically necessary. A subpoena for copies of patient records was received but the subpoena does not include a patient authorization for release of the records. In addition, the subpoena requests all "peer review committee" records pertaining to this physician. Consider the following questions: In the course of acting on the subpoena, you discover that one of the patient records (which are electronic) has had major sections deleted. Your review of the audit trails determine that a hospital staff member was responsible for the deletions. Under what legal concept could the hospital be subject to liability for the deletions? What should have been done to protect the records