Communications

Case of the Month

Records and Responsibility  

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The Case 

An employer filed a mandatory report with the College after a physiotherapist suddenly stopped coming to work with no notice or explanation.  

The physiotherapist, who provided home care visits to patients with complex mobility concerns, had been unreachable for several months.  

They were also in possession of dozens of patient records. 

When the College intervened, the physiotherapist returned the records and apologized, saying they were dealing with a death in the family. 

The Standards 

Even though the physiotherapist was dealing with difficult personal circumstances, they still had an obligation to their patients.  

The Duty of Care Standard states that a physiotherapist has a duty of care to their patients, and a responsibility to provide for continuity of care whenever a therapeutic relationship with a patient has been established. 

The fact the physiotherapist provided home care visits for vulnerable people made thier actions even more concerning. 

Abruptly leaving, while in possession of patient records, meant patients missed necessary appointments and when another physiotherapist did take over, they were missing important clinical documentation. 

When leaving a practice or being away from work unexpectedly for an extended period of time, physiotherapists must take reasonable steps to make sure patients who need ongoing care are not abandoned.  

At a minimum, this would mean notifying their employer as soon as possible and making sure patient records are returned to the health information custodian (in this case, the employer). 

Patient records are legal documents. A physiotherapist cannot keep records indefinitely when they are in the legal possession of a Health Information Custodian.  

In this case, holding onto the records was not only illegal, it also negatively impacted patients because the employer did not have the records to transfer care. 

The Outcome 

The physiotherapist was required to complete a number of educational activities and also received a formal caution.  

Details of this case have been changed to maintain anonymity.

Resources 

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