Guest guest Posted May 13, 2009 Report Share Posted May 13, 2009 I think this is one of those grey area issues. If nothing happens you are probably not a HCP, but if some one takes you to court, I think you may be liable to produce an evidence. I know in land we have to keep our records for 21 years. Another aspect is that even the people is not directly suing you the court may summon you to come to the court and provide an evidence... It is all ends up in the same pot hole " Cover-up your back " I usually send the recommendations as an email attachment to the moms I visit same evening from home. This helps me to re-cap what is the best information and gives the mother a chance to re-print the stuff if she needs it again. So all my files are neatly stays in the computer. Don't forget to keep a back-up though. If it is one of the rare times that I have to leave a hand written stuff when I come home I scan it and put it with that client's folder right in to the computer too. Kindly Ann 2009/5/12 Beebe : > > > but...we are not HCP's. my state certainly does not recognize me as such. > iin fact, does not recognize me at all since there is no way for me to > become licensed. so i doubt that i should follow a health care protocol for > record keeping., i will ask an attorney however. it;s an interestding > question. sorry for all the typosk, i'm using a loaner small laptop while > my computer is being repaired. > > renee > > Beebe, M.Ed., IBCLC > Lactation Consultant > Postpartum Doula > > www.second9months.com > > > > > Subject: Re: Re: care plan strategy > To: > Date: Tuesday, May 12, 2009, 1:00 PM > > In the state of land, which ever HCP works with babies has to > keep the records for 21 years too. Just in case if they decide that > was your wrong latch technique that failed him in the Uni...(sorry for > the sarcasm) > Kindly > Ann > > 2009/5/12 Beebe <second9months@ yahoo.com>: >> >> >> 21 years old? i hope not. my acct. told me 7years is plenty.... >> >> Beebe, M.Ed., IBCLC >> Lactation Consultant >> Postpartum Doula >> >> www.second9months. com >> > > -- Mother's milk is the normal food for human babies. Got breastfeeding questions? 1-877-4 LA LECHE (1-) 24 hours a day Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 13, 2009 Report Share Posted May 13, 2009 Promise not to hold me to this, but I think I watched an attorney give a presentation about Breastfeeding and the Law (??), she's an ILCA board member and she comments on LactNet often....and I believe that is where I heard the record keeping for 21 years...and...she also encouraged consultants to retain their liability insurance beyond their retirement due to the posssibility of suits that may be filed in the future. Wouldn't insurance companies that provide liability insurance be able to answer this question? I do think I have heard 21 years also, but I am sorry I really cannot find a resource for that information so I can't be positive. As for the typing notes or writing, either way you are engaged in documentation, I don't see it as any less personal to type on a computer or handheld then to hand write notes. And I can finish the electronic documentation in probably 1/2 the time it would take me to write notes, but that's just me, I don't think either way is right or wrong, I think it's just a matter of personal preference and sometimes a matter of what resources you have available. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 13, 2009 Report Share Posted May 13, 2009 Many times are the mothers who ask me to have a written plan. My 'normal' visit is more than one whole hour (yesterday 2 hours and a quarter, for example), and I have to explain a loooot of things: how lactation happens, physiology, which are normal pattern of a bf baby, investigate that single situation, its reasons and possible solutions. I write down an accurate schedule only for myself with my comments, but often I write a sheet for use of mother only with all the "what to do's".. I tell them "something you can put on the fridge and check in the middle of the night when you cannot call on me" :-)) I think it is useful for them to remember each step they have to do Hugs a IBCLC, Rome (italy) Re: care plan strategy Another care plan tip is to ask the mother what she remembers from the visit. Write that down in her own words (they will make sense to her.)Is there any evidence that the care plans are effective? I wonder. I know it's good for me, because I remember what we did together and that is useful in the follow-up telephone calls.But is it useful for the mothers? Or is it just one more piece of paper?Anybody know?warmly,Nikki Lee__________ Informazioni da ESET NOD32 Antivirus, versione del database delle firme digitali 4068 (20090512) __________Il messaggio è stato controllato da ESET NOD32 Antivirus.www.nod32.it Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 13, 2009 Report Share Posted May 13, 2009 Since I am new to this profession does anyone know what the NJ laws require? Lou Moramarco, RLC, IBCLC (732) 239-7771 From: [mailto: ] On Behalf Of Ann Faust Sent: Tuesday, May 12, 2009 4:00 PM To: Subject: Re: Re: care plan strategy In the state of land, which ever HCP works with babies has to keep the records for 21 years too. Just in case if they decide that was your wrong latch technique that failed him in the Uni...(sorry for the sarcasm) Kindly Ann 2009/5/12 Beebe <second9months>: > > > 21 years old? i hope not. my acct. told me 7years is plenty.... > > Beebe, M.Ed., IBCLC > Lactation Consultant > Postpartum Doula > > www.second9months.com > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 13, 2009 Report Share Posted May 13, 2009 > > Promise not to hold me to this, but I think I watched an attorney give a presentation about Breastfeeding and the Law (??), she's an ILCA board member and she comments on LactNet often....and I believe that is where I heard the record keeping for 21 years...and...she also encouraged consultants to retain their liability insurance beyond their retirement due to the possibility of suits that may be filed in the future.< So given that female life-expectancy is somewhere in the mid 80s (no idea of the exact age and we are all different anyhow,) we would need to maintain that insurance until we die? Or beyond, if former clients could sue our heirs? norma, reaching for the Glenlivet Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 13, 2009 Report Share Posted May 13, 2009 well, i hate clutter so that's not gonna happen for me! i do have a call into my attorney. this is such a great discussion! i totally agree about keeping records and covering ourselves, but i can't carry around boxes holding 250 clients/year forever! on another note...does anyone know of a lactation consultant who has been sued? my liability insurance (for doulas and LC's) is very inexpensive, so i assume lawsuits are rare. You are all awesome! Beebe, M.Ed., IBCLC Lactation Consultant Postpartum Doula www.second9months.com--- Subject: Re: care plan strategyTo: Date: Tuesday, May 12, 2009, 8:40 PM >> Promise not to hold me to this, but I think I watched an attorney give a presentation about Breastfeeding and the Law (??), she's an ILCA board member and she comments on LactNet often....and I believe that is where I heard the record keeping for 21 years...and. ..she also encouraged consultants to retain their liability insurance beyond their retirement due to the possibility of suits that may be filed in the future.<So given that female life-expectancy is somewhere in the mid 80s (no idea of the exact age and we are all different anyhow,) we would need to maintain that insurance until we die?Or beyond, if former clients could sue our heirs?norma, reaching for the Glenlivet Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 13, 2009 Report Share Posted May 13, 2009 I don't know of IBCLCs who have been sued, but there have been a couple of LLL Leaders who have been sued. To my knowledge, each of those lawsuits was thrown out *eventually* as being frivolous, but the Leader needed the malpractice insurance that LLL provides in order to have an attorney to represent her and to show why the suit was frivolous, so the judge would consider throwing it out. In other words, the Leader did still need an attorney even though the suit was eventually thrown out. And that is what malpractice insurance pays for, besides covering as much as possible of a big payout if you would happen to lose! Dee Kassing Subject: Re: care plan strategyTo: @yahoogroup s.comDate: Tuesday, May 12, 2009, 8:40 PM >> Promise not to hold me to this, but I think I watched an attorney give a presentation about Breastfeeding and the Law (??), she's an ILCA board member and she comments on LactNet often....and I believe that is where I heard the record keeping for 21 years...and. ..she also encouraged consultants to retain their liability insurance beyond their retirement due to the possibility of suits that may be filed in the future.<So given that female life-expectancy is somewhere in the mid 80s (no idea of the exact age and we are all different anyhow,) we would need to maintain that insurance until we die?Or beyond, if former clients could sue our heirs?norma, reaching for the Glenlivet Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 13, 2009 Report Share Posted May 13, 2009 So rarely I never discuss it with parents unless they call with complaints. Why establish a rule that might only affect 1% of the population -- if that? JanMy blog Year of the MC ---cruciferous veggies- GAS! Messages in this topic (52) Reply (via web post) | Start a new topic MARKETPLACE I'm happy I lost my Job. Now I make $12,000/mo online! See how I do it: WealthResource.org. I Got Fired But now make $350/day online!. Mom Power: Discover the community of moms doing more for their families, for the world and for each other .. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 13, 2009 Report Share Posted May 13, 2009 Yes. I was asked to be an expert witness in a case where two IBCLCs were included in a lawsuit, but I declined because I knew both of them personally. JanMy blog Year of the MC well, i hate clutter so that's not gonna happen for me! i do have a call into my attorney. this is such a great discussion! i totally agree about keeping records and covering ourselves, but i can't carry around boxes holding 250 clients/year forever! on another note...does anyone know of a lactation consultant who has been sued? my liability insurance (for doulas and LC's) is very inexpensive, so i assume lawsuits are rare. You are all awesome! Beebe, M.Ed., IBCLC Lactation Consultant Postpartum Doula www.second9months.com--- Subject: Re: care plan strategyTo: Date: Tuesday, May 12, 2009, 8:40 PM >> Promise not to hold me to this, but I think I watched an attorney give a presentation about Breastfeeding and the Law (??), she's an ILCA board member and she comments on LactNet often....and I believe that is where I heard the record keeping for 21 years...and. ..she also encouraged consultants to retain their liability insurance beyond their retirement due to the possibility of suits that may be filed in the future.<So given that female life-expectancy is somewhere in the mid 80s (no idea of the exact age and we are all different anyhow,) we would need to maintain that insurance until we die?Or beyond, if former clients could sue our heirs?norma, reaching for the Glenlivet Dell Mini Netbooks: Great deals starting at $299 after instant savings! Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 13, 2009 Report Share Posted May 13, 2009 That was my question - has anyone of us been sued?Leigh Annewell, i hate clutter so that's not gonna happen for me! i do have a call into my attorney. this is such a great discussion! i totally agree about keeping records and covering ourselves, but i can't carry around boxes holding 250 clients/year forever! on another note...does anyone know of a lactation consultant who has been sued? my liability insurance (for doulas and LC's) is very inexpensive, so i assume lawsuits are rare. You are all awesome! Beebe, M.Ed., IBCLC Lactation Consultant Postpartum Doula www.second9months.com--- Subject: Re: care plan strategyTo: Date: Tuesday, May 12, 2009, 8:40 PM>> Promise not to hold me to this, but I think I watched an attorney give a presentation about Breastfeeding and the Law (??), she's an ILCA board member and she comments on LactNet often....and I believe that is where I heard the record keeping for 21 years...and. ..she also encouraged consultants to retain their liability insurance beyond their retirement due to the possibility of suits that may be filed in the future.<So given that female life-expectancy is somewhere in the mid 80s (no idea of the exact age and we are all different anyhow,) we would need to maintain that insurance until we die?Or beyond, if former clients could sue our heirs?norma, reaching for the Glenlivet Leigh Anne O'Connor, IBCLCleighanne625@...www.leighanneoconnor.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 13, 2009 Report Share Posted May 13, 2009 Yes, high fiber vegetable can cause the mother to have gas, but that won't affect her milk production. The fiber from the vegetables that causes gas won't pass into the milk, so it won't affect the baby. Is there another reason why you are recommending they avoid it? At 05:25 PM 5/12/2009, caryn wrote: ---cruciferous veggies- GAS! Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 13, 2009 Report Share Posted May 13, 2009 .... > As for the typing notes or writing, either way you are engaged in > documentation, I don't see it as any less personal to type on a computer or > handheld then to hand write notes. And I can finish the electronic > documentation in probably 1/2 the time it would take me to write notes, but > that's just me, I don't think either way is right or wrong, I think it's > just a matter of personal preference and sometimes a matter of what > resources you have available. > > I just like to keep them in my computer instead of boxes and boxes of paper laying around. For me it is easier to find about an old client this way too. Last but not least; as I have three kids under the age of 9 little hands can get in ti places you would never think they would too Kindly Ann Faust(who learned to never under estimate little people Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 19, 2009 Report Share Posted May 19, 2009 Jan, you are correct in that most states require that medical records of newborns have to be kept for 21 years in storage but I think there are a few states where it's 18 Gail Neuman RNC CPHW student midwife and student nurse practitioner certified high risk OB/OB legal consultant Perinatal Nurse Associates 801 N. Tustin Ave., Suite 305 Santa Ana, CA 92705 fax > > > > > > Caryn said... > > > Providing a clear, well written (HANDWRITTEN LOL not carbon copied!) > > plan of care will help US to provide care that will not be perceived as > > fraught with confusion, wrong advice, etc. > > > > > > I have an HP Mini (a teeny tiny laptop) that I take with me to all my > > consults. I put together a plan of care for each mom while I'm sitting > > in their home, email it them (never been to a house where mom doesn't > > have wireless connection) and have the mom print out two copies. Mom > > signs both copies and one stays with her and one goes in the chart. > > > > Easier than carrying a printer and neater and faster than handwritten. > > If mom doesn't have wireless, I have a flash drive that I can save the > > plan on and have mom take and print it from her computer that way. (I > > then delete it from the flash so I'm not storing electronic copies.) -- > > C. > > > > > > > > > > > > > > ____________________________________ > An Excellent Credit Score is 750. _See Yours in Just 2 Easy Steps!_ > (http://pr.atwola.com/promoclk/100126575x1222585010x1201462743/aol?redir=http://\ www > .freecreditreport.com/pm/default.aspx?sc=668072 & hmpgID=62 & bcd=MayExcfooter51 > 109NO62) > > > > > > > > > > > > > > > **************A Good Credit Score is 700 or Above. See yours in just 2 easy > steps! > (http://pr.atwola.com/promoclk/100126575x1221322936x1201367173/aol?redir=http://\ www.freecreditreport.com/pm/default.aspx?sc=668072 & hmpgID=115 & bcd > =Mayfooter51209NO115) > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 19, 2009 Report Share Posted May 19, 2009 As a lactastion consultant seeing clients, yes, you ARE a health care provider and you have to save the records per your s's law. Also, any records thrown out have to be shredded. Gail Neuman RNC CPHW student midwife and student nurse practitioner certified high risk OB/OB legal consultant Perinatal Nurse Associates 801 N. Tustin Ave., Suite 305 Santa Ana, CA 92705 fax > > > Subject: Re: Re: care plan strategy > To: > Date: Tuesday, May 12, 2009, 1:00 PM > > > > > > > > > In the state of land, which ever HCP works with babies has to > keep the records for 21 years too. Just in case if they decide that > was your wrong latch technique that failed him in the Uni...(sorry for > the sarcasm) > Kindly > Ann > > 2009/5/12 Beebe <second9months@ yahoo.com>: > > > > > > 21 years old? i hope not. my acct. told me 7years is plenty.... > > > > Beebe, M.Ed., IBCLC > > Lactation Consultant > > Postpartum Doula > > > > www.second9months. com > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 19, 2009 Report Share Posted May 19, 2009 I recently talked to my attorney--according to his colleague who specializes in medical malpractice--the limit is 8 years beyond the "injury" or damages. That is in washington state. Beebe, M.Ed., IBCLC Lactation Consultant Postpartum Doula www.second9months.com--- Subject: Re: care plan strategyTo: Date: Tuesday, May 19, 2009, 1:37 AM Jan, you are correct in that most states require that medical records of newborns have to be kept for 21 years in storage but I think there are a few states where it's 18Gail Neuman RNC CPHWstudent midwife and student nurse practitionercertified high risk OB/OB legal consultantPerinatal Nurse Associates801 N. Tustin Ave., Suite 305Santa Ana, CA 92705 fax> >> > > > Caryn said...> > > Providing a clear, well written (HANDWRITTEN LOL not carbon copied!)> > plan of care will help US to provide care that will not be perceived as> > fraught with confusion, wrong advice, etc.> > > > > > I have an HP Mini (a teeny tiny laptop) that I take with me to all my> > consults. I put together a plan of care for each mom while I'm sitting> > in their home, email it them (never been to a house where mom doesn't> > have wireless connection) and have the mom print out two copies. Mom> > signs both copies and one stays with her and one goes in the chart.> > > > Easier than carrying a printer and neater and faster than handwritten. > > If mom doesn't have wireless, I have a flash drive that I can save the> > plan on and have mom take and print it from her computer that way. (I> > then delete it from the flash so I'm not storing electronic copies.) --> > C.> >> > > > > > > > > > > > ____________ _________ _________ ______> An Excellent Credit Score is 750. _See Yours in Just 2 Easy Steps!_ > (http://pr.atwola. com/promoclk/ 100126575x122258 5010x1201462743/ aol?redir= http://www> .freecreditreport. com/pm/default. aspx?sc=668072 & hmpgID=62 & bcd=MayExcfooter 51> 109NO62) > > > > > > > > > > > > > > > ************ **A Good Credit Score is 700 or Above. See yours in just 2 easy > steps! > (http://pr.atwola. com/promoclk/ 100126575x122132 2936x1201367173/ aol?redir= http://www. freecreditreport .com/pm/default. aspx?sc=668072 & hmpgID=115 & bcd> =Mayfooter51209NO11 5)> Quote Link to comment Share on other sites More sharing options...
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