Managed Care Case Study
Question 12. Legal issues that apply to and regulate managed care.
The Doctrine of Res Ipsa Loquitor – negligence can be suggested when there are issues where evidence of negligence or wrongdoing is not present (Thorton). This regulates the managed care since such negligence can be present in any healthcare industry and it is of great importance that the staff will have knowledge to this. There are actually three situations wherein healthcare personnel negligence can be proven without specific conduct. These are the following: 1.That the injury to the patient will not normally happen, however, it may when there is a negligent in the part of the staff. 2. That the injury to the patient was because of an agency which the defendant is control
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It means that no person and in this case healthcare personnel will not be responsible for any events or situations that are unforeseen. Situations such as natural disasters like floods and earthquake, fire, and some events like accidents under this doctrine (“Publications/Veneble Mobile Site”). During these events, the healthcare staffs are not to hold negligent. The force majeure clause is also a contract provision that sets the person or persons free from performing their responsibilities and obligations when there are certain events that are beyond their control which makes their obligations impossible, impractical, illegal and inadvisable. This is very significant in managing the care of their patients since in the event of fires or any other disasters; they cannot save every patient without risking their own lives. The Doctrine of Force Majeure protects the healthcare staff from those clients and family that will blame them for not saving their life or their patient’s life. They need to understand that they cannot save everyone in time of disasters and they will not be held liable if they can save every patient in their …show more content…
Whether it is written or spoken, it is still defamation. Slander is oral defamation and Libel is defamation written in words (“Intentional Tort – Definition, Types, Examples And Cases”). The exchange of conversation between two people, may it be a heated discussion will not be considered as defamation. There should be a third person who just heard all the conversation that took place or has read the comments, then, this will be defamation. The healthcare staff should be careful with their co-workers since there statement can be used as evidence when the action of an individual towards a patient is seen and heard by that co-worker. There are times that oral or written defamation can be used also against other
Summary Of Five Days At Memorial By Sheri Fink
1691 Words | 7 PagesWith unnecessary care, they did not provided safety because not all patients were in a safe care. They did not provide effective or efficient care for the fact that they were not organized in how to evacuate all patients, how to handle a dangerous situation like this and nor did they have an effective procedure for everyone in the hospital. Doctors performed an illegal procedure in which caused Life-care patient to die due to fear. Although they tried to evacuate everyone in a timely matter they failed to complete it. That choice that Dr. Pou and her team made was a misunderstanding for many yet failed to achieve patient centered because patients were not consent to the fact that they were getting put to die.
Pros And Cons Of Mark Armstrong
885 Words | 4 PagesDefamation where the Defendant acted in bad faith and with malice. When the Defendant refused to allow the Plaintiff to return to work they did not allow him to clear his good name. When the Defendant's wrote the and plead that the speech was job required they knowing lied to the Court, which then caused a determination not consistent with the facts. When the Defendant continued to damage the Plaintiffs
Summary Of Five Days At Memorial By Sheri Fink
946 Words | 4 PagesNon-maleficence is the principle of not harming another person, in a disaster, delay in treatment can do harm, accordingly prompt communication is vital in addressing care needs of a community. Beneficence refers to doing good, and justice refers to equity of distribution of health care resources. In an emergency, Beneficence and Justice can be achieved by efficient and effective triage to allocate limited resources to the neediest patients (Grimaldi, 2007). Grimaldi (2007) states “patients who can be saved and whose lives are in immediate danger should be treated first”
Affordable Care Act Case Study
158 Words | 1 PagesAn estimated 50 million Americans are relied upon to pick up medical coverage through the Affordable Care Act (ACA), and a sound and sizable workforce will be expected to take care of the expanded demand. The medicinal services workforce is as of now confronting a basic deficiency of healthcare experts throughout the following decade. The ACA breaks the guarantees of access and nature of administer to all Americans by raising the lack and expanding the weight and weight on the officially delicate framework. The ACA's endeavors to address the deficiency are doubtful and constrained in degree, and the noteworthy monetary venture won't create results for quite a long time because of the preparation pipeline. With the ACA's evaluated 190 million
Affordable Care Act Case Study
576 Words | 3 PagesPatient Protection and Affordable Care Act, or ‘Obamacare’ was the expansion of Medicaid program across the states. Charles Barrilleaux and Carlisle Rainey look at why state government have opted out of the Medicaid expansion. They find that Obama’s 2012 vote share and the governor’s partisanship better explains the disapproval to Medicaid expansion, rather than measures of need, such as life expectancy or the number of people that are uninsured. Charles Barrilleaux and Carlisle Rainey find that a Republican governor is a higher percentage point more likely to oppose the expansion than Democratic governors. Whereas, the results show that the percentage uninsured in the state to have a small positive effect on the probability of opposition.
Affordable Care Act Case Study
991 Words | 4 PagesThe affordable care act presented the United States with the most extensive overhaul since the passage of Medicare and Medicaid in the 1960’s. The act was a response to staggering statistics on the price of healthcare and the resulting uninsured rate within the United States. The affordable care act uses Individual Mandate and Health Insurance Exchanges to combat major factors causing high insurance cost and low insured rates. As with most reform, the public has not been one hundred percent unified on the potential effectiveness of the Affordable Care Act.
Case Study: Medical Error Kills Hopkins Cancer Patient
1123 Words | 5 PagesHence, this is a sentimental event because this unanticipated event resulted in death to a patient, not related to the natural source of the patient's illness. Therefore, the threat and error management model should be used to determine both training needs and organizational strategies to improve the management of threats to safety. What defenses in the system failed in this case? Can you construct a Swiss cheese analysis of the system defenses and what occurred?
Managed Care Research Paper
1163 Words | 5 Pagesthe states regulate the business of insurance, which includes the MCO (such as a health maintenance organization (HMO)) that offers a managed care policy to an individual, employer, or other purchaser. If a private sector employer sponsors a plan that is not purchased from an MCO (i.e., the plan is self-insured), The details and the extent of these state laws vary considerably, but they remain in force as a mechanism for regulating HMOs and other forms of managed care organizations. A number of states require managed care plans to provide current and new enrollees the opportunity to continue to receive care and services for a period of time with a provider that has been terminated or dis-enrolled from the plan. Many states call for health plans to institute procedures that provide an enrollee that requires specialized medical care over a prolonged period of time to receive a standing referral to a specialist. Many state laws specify automatic coverage for emergency medical conditions "of sufficient severity, including severe pain, that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of medical attention to result in placing the person’s health in
Case Study: Mccann V. The Ottawa Sun
1052 Words | 5 PagesOn the other hand, if a group tries to bring an action for defamation, they must be relatively small. If the same statement referred to all members of the group, each individual in the group has the ability to sue The Ottawa Sun for defamation, as stated in
Managed Care Case Study
858 Words | 4 PagesYou are a new physician setting up your practice in a new town. You are researching the different MCOs offered in your area and are considering becoming a physician for one of these networks. You have also invited the sales representatives of several healthy plans to speak with you about the benefits of choosing their plans. Based on the above scenario, answer the following questions: • What effects would join an MCO have your clinic regarding staffing, patient volume, and financial stability?
Disadvantages Of Managed Care
163 Words | 1 PagesI agree that managed care insurance made an impact in health care by lowering costs without sacrificing quality of care provided. The term managed care is basically described as a system and techniques that’s used to deliver health care to a particular population obtained through health insurance plans by state Medicaid agencies and managed care organizations (Kongstved & Fox, 2012). Managed care helps to promote health through integrating the financing and delivery of proper health care using a complete set of service to people registered to a particular health care plan. I wanted to include a disadvantage of managed care in the nursing home industry, based on my experience. When a doctor makes a referral for a specialist when the care needed
Rhetorical Analysis: Fink's Recovery
455 Words | 2 Pages" In that type of situation the staff wanted to eliminate more of the problem. If only the disaster plan had been calculated correctly, less lives would have been lost or should I say taken. I appreciate this story. As hard as it is to read and digest, I know malpractice knows no bounds.
Argumentative Essay On Medical Malpractice
1414 Words | 6 Pages“Medical malpractice claims and lawsuits deal with Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. Negligence is the predominant theory of liability concerning allegations of medical malpractice, making this type of litigation part of Tort Law. Since the 1970s, medical malpractice has been a controversial social issue. Physicians have complained about the large number of malpractice suits and have urged legal reforms to curb large damage awards, whereas tort attorneys have argued that negligence suits are an effective way of compensating victims of negligence and of policing the medical profession. A person who alleges negligent medical malpractice
Best Practices For Social Media To Avoid Libel Litigations
431 Words | 2 Pages“Libel is a published untruth, written or broadcasted, that does harm to another's reputation. It falls under the general category of "defamation"-statements that causes injury to a third party’s reputation.” (Snow, Jensen and Reese, 2017). Basically, it happens when someone makes a statement against another person that can be harmful to his or hers reputation. Let’s look at this example.
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