Question 1
The plaintiff’s lawyer has permission to access his or her client’s information (Information for Attorneys, 2014). However, there are a few restrictions on accessibility of documents. The plaintiff must file a medical malpractice on the hospital, federal or state court or any adjudicative body. The practitioner name should be on the information requested by the legal representative, and he or she can use the information against the hospital but not on the practitioner. The attorney can obtain the information after enough evidence shows the hospital failed in submitting a compulsory probe about the practitioner mentioned to the Data Bank. The Health and Human Services department is in charge of the information provided to the lawyers (Reporting, 2014).
The attorney must mail the Data Bank a letter to request access to the information (Information for Attorneys, 2014). Evidence that show the hospital did not play its part in query the practitioner in question. Finally, the lawyer should give information about the practitioner they would like to query. However, an attorney can only use the information once in the case, and this rule applies to the reports voided during the request.
Question 2
The information is not available to the public due to the Title IV of confidentiality provisions (Information for Attorneys, 2014). If there is a leak of any part of the information, the plaintiff or plaintiff’s lawyer can sue the Data Bank close to $11,000 per case.
Question 3
Using then information on a practitioner will lead to the cancellation of his or her license. Even if the practitioner did wrong in a particular situation charged, several things might have gone wrong. The people might have tampered with the equipment, and the practitioner did not notice the change. In such situations, the practitioner has his or her hands tied as they are not the reason the accident happened. However, if the mistake narrows down on an exact practitioner then he/she must face the law.
References
Health Care Organizations. (2014, October 28). Retrieved from the DataBank National Practitioner: http://www.npdb.hrsa.gov/index.jsp
Information for Attorneys. (2014, October 28). Retrieved from the DataBank National Practitioner: http://www.npdb.hrsa.gov/resources/infoForAttorneys.jsp
Reporting. (2014, October 28). Retrieved from the DataBank National Practitioner: http://www.npdb.hrsa.gov/hcorg/aboutReporting.jsp#table1
