Hi All, This is an interesting case that prompts questions regarding EHRs surrounding death of a Patient. It also serves to illustrate how goverment can alter what should be a rather clear, concise medical event that must at some time and in some form be entered into the EHRs.
The issues here involve 'statutory death', 'State Agency death', 'Judicial death' and potentially 'extra-judicial' and 'extra-statutory death'. One also has the problem of accumulating additional EHRs beyond some 'death state' to comply with a variety of other policies, procedures, contracts, statutes and 'State Agency requirements'. I was asked to comment on this. My response is private. For purposes of this list my position is that some provisions should be made to handle these weird cases. There is as of this date no solution to this case. Regards! -Thomas Clark > > ========================= > *How dead can you get?* > > > > > > > > > > > <mailto:metro at modbee.com?subject=How%20dead%20can%20you%20get?> > /Last Updated: February 3, 2005, 04:35:23 AM PST/ > > Just what does it take to be declared dead in California? > > We thought a person declared brain dead was legally and > physiologically dead. "Brain dead" is technically dead. > > By that standard, Wasco State Prison inmate Daniel Provencio surely > qualifies as dead. Why then is he being treated as if he is alive ? > even a threat to escape? > > Provencio has been in a Bakersfield hospital since he was shot in the > head with a "foam" bullet by a prison guard. Members of Provencio's > family told the Bakersfield Californian that doctors declared him > clinically dead Jan.20 after tests found no brain activity. California > law requires two such examinations by two doctors, and Provencio > "passed" both tests. > > Yet Provencio's mother said Wasco Warden P.L. Vazquez expects > Provencio to "serve out his sentence" from a hospital bed. Provencio > is on a mechanical ventilator and a feeding tube. And he's shackled to > the bed by both ankles. He's being guarded by prison guards around the > clock at a cost of $1,056 a day. You think anyone has noticed this guy > is dead? > > No, we are not making this up. > > The Department of Corrections is considering a "compromise" to allow > the dead man to be released on "early parole." This is beyond > preposterous. > > It began Jan.16 with an "alcohol-fueled brawl" between two inmates, > according to KGET-TV. Provencio apparently tried to prevent guards > from intervening. Inmates, said KGET, brewed fruit and other foods > into an intoxicant. A guard shot Provencio in the head, though foam > bullets are meant for legs and arms. > > Booze and brawls? Shooting inmates in the head? Shackling and guarding > a dead inmate? What is going on at Wasco? The Department of > Corrections needs to get control of this institution. And it needs to > end the macabre saga of Daniel Provencio, deceased. > > <http://us.rd.yahoo.com/evt=30648/*http://movies.yahoo.com/movies/feature/jibjabinaugural.html> - If you have any questions about using this list, please send a message to d.lloyd at openehr.org
