HIPAA Violation In Hospitals: A Case Study

As it has already been discussed in this paper, physicians are responsible for any clinical negligence that may cause harm or injury to the patient. In many journal studies researching radiology, various field cases have been identified and studied. They have shown that radiologists who have not been very often accused of clinical negligence have become in trouble. The errors committed while conducting their radiological work are sometimes caused by their lack of experience or out of their care. But in both cases, they are held to be liable and patients may file lawsuits against

Second, I would educate patients more on their rights. The main focus here would be to make patients aware of the laws that are set in place that allow them to care. Also, letting them know that if a patient denies them care or provides them less care than other patients. Another problem we are faced with is the fact that if we argue that patients have rights, then we also must look at the rights of the physician. That is why all of these laws have come about, because basically the patient is putting their lives in the hands of the physician.

Chanel then proceeded to sue Dr. Takla, Dr. Mohammad Rahman, the pediatric emergency room attending physician on duty; Darryl Coach; a social worker for Brookdale; and Brookdale. Although Chanel made several claims, the only claims that were actually relevant to her case and situation were as follows: medical malpractice case against Dr. Takla, Dr. Lewis, and Dr. Rahman; violation of New York Public Health Law 2805, which is just stating that a healthcare provider must obtain informed consent before performing a medical procedure, or else they can be held liable; Direct and vicarious hospital negligence; and finally, battery against Dr. Takla and Dr. Lewis. Although the plaintiff’s complaint contained a vicarious liability claim against Brookdale, the Armstrong jury was not charged that it could find the hospital negligent on a vicarious liability theory. The court, instead, told the jury that the plaintiff’s theory of negligence was that the hospital had an absence of proper written policies of procedures, poor training, and lack of experience in the emergency room staff. The plaintiffs also claimed the hospital failed to require its staff to follow well-recognized and established administrative regulations and hospital procedures.

Since nursing homes tend to provide care to a vulnerable population they can be taken advantage of, overlooked or mistreated by staff and with residents potentially underreporting these incidents due to fear of retaliation by staff identifies this as significant ethical issues among nursing homes. The use of restraints that restricts a resident, whether physical or chemical applies to the ethical considerations within a nursing home as it not only impacts the resident, it can affect staff members and other resident’s safety. There is always the conflict between providing the resident with a fair amount of decisions regarding their activities of daily living, special accommodations, and independence. However, there is also the reflective issue of whether these freedoms impact the safety and the ability to comply with the institution's policy and how they are handled to deliver ethically appropriate customer service to those

Essay Question 1 The legal relationship between hospitals and physicians is very complicated. In this case with Amityville Hospital and Dr. Spencer. The hospital is being sued by patient’s estate after a settlement is made with doctor for unlawful death damages. When a hospital hires a doctor as a contractor or employee they must meet certain hospital-mandated criteria to give physicians privileges as independent contractors or as employees.

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.

Why doctors make mistakes The reasons doctors make mistakes is such a controversial topic, All humans make mistakes but why are doctors being asked when they do? The reason doctors are questioned is because their mistakes have some much bigger consequences than laymans’. It 's people who work in life-oriented professions whom their actions have a broader impact. Another reason that explains asking such question is how doctors are perceived by the society, our angle of view put a huge pressure on their shoulders, as they 're seen as a machines aren 't allowed to make mistakes.

When I read this guideline I realize my hospital don’t even have a Standing Operating Procedure (SOP) on administration of medication. I strongly believe this is one major contributing factor why the medication error took place in my practice area. A key point that I notice in this guideline is that, the nurse who is administrating medication should have knowledge especial the risk involved in this group of drugs and must have had read the guidelines on Medications

The author also highlighted that addressing issues concerning unequal availability to healthcare is in imperative in order to reducing health disparities (McHenry, 2012). I think as APNs one thing we can do is make patient aware of what their insurance will cover and what types of services they are eligible for. For many patient, suggested interventions and treatments may be disregarded due to a lack of financial means. In addition to this many people have simply decided not to take advantage of health insurance coverage that is available to

“Elder mistreatment refers to intentional actions that cause harm or create a serious risk of harm whether or not harm is intended to a vulnerable elder by a caregiver or other person who stands in a trust relationship to the elder, or failure by a caregiver to satisfy the elder’s basic needs or to protect the elder from harm” (Daly, J.M., Merchant, M.L., & Jogerst, G.J, 2016, p.1). “The World Health Organization (WHO) reports that the number of people aged over 60 will triple between 2000 and 2050” (Corbi, G.,Grattagliano, I., Ivshina, E., Ferrara, N., Solimeno-Cipriano, A., & Campobasso, C.P, 2015, p. 297). With this projection, elder mistreatment,

In addition to, some Consumers are not aware of their illness. Never-the-less, in the State of New Jersey people who are deemed as a danger to themselves or others due to a mental illness is involuntarily committed to this facility by a judge who has written the orders. At “Greystone Parks Psychiatric Hospital” there are certain protocols that must be followed before people are admitted into this facility. The protocol is as follows, patients stay in either the A1/B1 units.

Health Insurance Portability and Accountability Act-HIPAA, was introduced in Congress as the Kennedy-Kassebaum Bill and later passed in 1996. Before HIPAA, there was no federal standardization when it came to health care programs and information, and it was up to the state to create these rules and regulations. The rules and regulations were also fragmented among government agencies. Since there was no standard authority to combat against fraud and abuse in state and federal health care programs, it became a major issue that could not be ignored. For this reason, HIPAA was created with the objective to provide provisions for the prevention of fraud and abuse, and to ensure that individuals would be able to maintain their health insurance between

Although Rite Aid have broken many privacy laws according to HIPAA the primary concern regarding security is that the violation of information policies and procedures ensured that they were not within compliance. “Charles Sabatino (2016) reports Health care practitioners have a duty to take reasonable steps to keep personal medical information confidential consistent with the person's preferences. For example, doctor-patient medical discussions should generally occur in private and a patient might prefer that the doctor call their cell phone rather than home. Even well-meaning family members are not necessarily allowed to have information about a loved one's medical condition.” Due to the Sum of $1 million that Rite Aid has to pay based on