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( d ) W a s a p r o c e d u r e t o r e m o v e u n p l a n n e d f o r e i g n o b j e c t s r e m a i n i n g from a surgical procedure. 2

By defining an "adverse medical incident" to mean the existing report of

adverse incidents in section 395.0197, the hospitals will have a clear understanding

of what records they are required to disclose as reflecting adverse medical

incidents.3 With these definite guidelines, the courts will be spared the necessity of

resolving the frequent disputes which would otherwise occur over just what

records are subject to disclosure.

Respondents, however, may argue that such an interpretation ignores the

latter portion of the constitutional definition of "adverse medical incident" in

paragraph (c)(3), which calls for disclosure of records "including, but not limited to

. . . incidents that are reported to or reviewed by any health care facility peer

review, risk management, quality assurance, credentials, or similar committee, or

any representative of any such committees." But not all such reports and records

reflect medical negligence. Surely, this language cannot be intended to require that

the records of any incidents reported to such committees or their representatives,

no matter how false or specious, and even if rejected out-of-hand, would still have

2 The statute in section (7)(b)2 thereof also provides the criteria that health care providers can use for determining what to disclose by referring to section 458.351, which describes the adverse incidents.

3 The definition of an "adverse incident" under section 395.0197 is, in fact, broader than the definition of an "adverse medical incident" under Amendment 7 because the former does not require any finding of negligence.


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