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.
We have investigated your concerns regarding this issue. Based medical records received from Pima Heart Hospital. Dr. Michael Arnold receommended a dual chamber primary-prevention internal cardioverter-defibrillator (ICD). Provider determined the device was medically necessary due to diagnosis of congestive Heart Failure. Dr. Arnold thoroughly described the risks and benefits.
And in case of medical negligence mostly the doctor is the defendant. Negligence is predominantly a theory of liability concerning allegations of medical malpractice, making this type of litigation part of the Tort Law. Civil liability and medical negligence Negligence is the breach of a legal duty to care. It means carelessness in a matter in which the law mandates carefulness.
These various government agencies can be contacted regarding the unfair billing practice of the organization. These agencies have the authority to investigate any health care fraud and apply disciplinary action as appropriate. Shondra will be justified under the False Claim Act whistleblower or the qui tam provision that empower private citizens to file charges or notify the government agency in the case of health care fraud (Pozgar, 2014). However, Shondra must carefully consider the negative consequences that be associated with her choice if decide to be the whistle
1. Duty Of Care The thing the court must do is identify if the defendant owed a duty of care to plaintiff and what the duty of care owed was. They will try and distinguish what the standard of reasonable care the hospital should have adhered to while they were treating plaintiff and if the harm caused to plaintiff could have been foreseeably cause harm to her. 2.
According to (ASHP guidelines on preventing medication errors in hospitals, 1993) medication error should be classified for a better management of interventions. Level-0 being potential errors to Level-6 for an error that occurred that resulted in patient death. Firstly, and most important, the author will have to verbally inform the patient and/or caregiver of the medication error and nursing manager on duty. Patient has the right to know of any event pertaining to them.
Not to mention termination from their present position. The hospital system has to repair its damaged reputation while at the same time prepare to defend itself against potential civil/criminal lawsuits. There are too many incidences were an organization is liable for HIPAA
Poor communication is so important that the Institute of Medicine identified it as the cause of many medical errors (Institute of Medicine, 1999). The Center for American Nurses (2008) defines disruptive behavior as “behavior that interferes with healthy communication among providers and adversely influences performance and outcomes. For instance, at the beginning of the placement, I found a reason behind the occurrence of client errors and missing nursing interventions that is insufficient communication among my teammates. Meanwhile, I have learnt a more systematic presentation to turn over cases and apply. Standard protocols, such as SBAR (situation-background- assessment-recommendations) are now commonplace as a way to improve communication (Beckett & Kipnis, 2009).
Every act or omission by a healthcare professional can have dire results on his patient. Medical negligence is mainly the application of the general law of negligence on to the medical profession. The elements of negligence are the duty of care, breach of that duty of care, causation and actual damage to that person or property1. The same principles applies in medical negligence, however specific to this area, more attention is paid in the areas of causation and the level of standard of care that was given. Establishing a duty of care for a medical professional is usually straight forward, that by offering to treat a patient, the doctor is automatically in a relationship with that patient.
Major initiatives have been launched to increase provider awareness, distribute and evaluate clinical guidelines, and offer strategies for improving institutional responses to domestic violence, offer strategies for improving institutional responses to domestic violence, including recommendations for screening (Morrison & Furlong, 2014). Addressing domestic violence requires more than adding new diagnostic categories to differential diagnoses or new technical skills to clinical collection. This means asking clinicians to step beyond a traditional medical model to confront the personal feelings and social beliefs that shape their responses to patients, which presents a difficult barrier (Morrison & Furlong, 2014). Providing quality healthcare involves integrating routine inquiry about domestic violence into ongoing clinical practice. This means asking all patients about abuse and violence in their lives.
One of the well-known federal fraud and abuse statutes in the United States is the federal Anti-Kickback Statute, which greatly influences business relationships in the pharmaceutical, healthcare and medical device sectors. This statute is an Anti-Corruption law, which is designed to protect beneficiaries of the federal health care program from money influence on various referral decisions. Thus, this law helps in guarding against an increase in costs, overutilization and poor quality services. However, this law needs some modifications to become more efficient to all the U.S citizens. The lawmakers in the country should take the initiative of amending this bill so as to ensure that they adequately represent the interests of those people who
US Legal stated that wrongful death statutes vary from state to state, they define who may file this type of lawsuit, and the limits that are applied to an award of damages are clearly outlined. If a wrongful death lawsuit is filed, it must be proven that the acts or omissions of the defendant were the cause of the decedent’s injuries and death meaning that the defendant’s wrongful conduct created a natural, direct series of events that led to the injury. According to Illingworth & Parmet (2006), in the case of Shine v. Vega, 429 Mass. 456 (1999), Dr. Shine sued Dr. Vega for the wrongful death of his daughter, Catherine Shine. On March 18, 1990, Catherine Shine suffered an asthma attack and she was taken to the Massachusetts General Hospital (MGH) in order to receive medical attention.
The Doctrine of Doing & Allowing essentially outlines a lens that aids in drawing a distinction between doing something to cause the outcome, or allowing something that leads to an identical outcome. In this particular case, the Doctrine of Doing & Allowing aided the supreme court in rejecting the claim made by this case as a parallel can be found between a patient requesting assisted suicide through lethal medical treatment and a patient refusing to be put on a medical treatment such as life-support or some other form of treatment that the profession utilizes to prolong the process of death. (Vacco v. Quill, p. 423). J.J. Thomson’s concerns with the Doctrine of Doing & Allowing are quite complicated as he attempts to dig a bit deeper into the revised version that had been altered to incorporate both killing, allowing or letting die, “active euthanasia and passive euthanasia” (Thomson, pg. 500).
These consequences apply to individuals who are responsible for protecting patient information but he or she voluntarily exposes the information for personal gain. If that was to happen then there are criminal penalties such as fines and even jail time. The second article was on HIPAA DDE Requirements. Here is a brief summary of key factors and critical issues from the article. The article gave a description of what direct data entry (DDE) was and how DDE is the process of keying in data directly to providers from a health plan’s computer (Nachimson, 2002).
144 people on death row have been exonerated since 1973 (Levy 1). People exonerated and convicts sent to prison for crimes they did not commit have been given unfair trials. If a trial court makes a legal error, a party can file an appeal, which raises the question on whether the United States appeals process is even effective in criminal cases (The Judicial Learning Center 1). Understanding the effectiveness of the appeals process for criminal cases is essential for improving it to ensure people are not exonerated or unjustly punished.