Free Essay

Civil Procedure Utilized in Healthcare Law

In:

Submitted By Kelley1129
Words 300
Pages 2
Civil procedure is defined as a body of law that describes the private rights and responsibilities of individuals (Pozgar, 2012). Civil procedure is a part of law that does not deal with crimes but instead involves actions filed by one individual against another (Pozgar, 2012). Civil procedure can be utilized in healthcare law in a variety of measures in health care law to include tort and contract laws (Pozgar, 2012).
One major area within health care law that civil procedure is utilized is medical malpractice cases. Medical malpractice occurs when there is professional misconduct or lack of skill in providing medical treatment or services (McElrath, n.d). The victims of medical malpractice seek compensation for their physical and/or emotional injuries through a negligence action. A defendant physician may be found liable for medical malpractice if the plaintiff patient can establish that there was in fact a patient-physician relationship; that the physician breached the accepted standard of medical care in the treatment of the patient; and if the patient suffered an injury for which he or she should be compensated; and that the physician's violation of the standard of care was the cause of the injury (McElrath, n.d).
Breach of contract is not a common medical malpractice theory since medical providers do not typically make promises about a particular outcome of a medical procedure. However, civil procedures can occur if a patient (plaintiff) sues for breach of contract if a medical provider (defendant) failed to perform the duties specified in a contract (McElrath, n.d). To prevail, most courts will require the plaintiff to show written proof of the warranty.
References
Pozgar, G. (2012). Legal aspects of health care administration (11th ed.). Sudbury, MA: Jones & Bartlett.
McElrath, J. (n.d.). Tort & Medical Malpractice. Retrieved August 12, 2014.

Similar Documents

Free Essay

Project

...viable treatment option, people with disabilities have faced significant barriers to accessing the life-saving procedure. The Rehabilitation Act of 1973 prohibited discrimination on the basis of disability by entities receiving federal funds, and the Americans with Disabilities Act of 1990 extended this protection more broadly across other areas of society. However, it has historically been difficult to enforce federal civil rights law within the area of medical decision-making. Due to the lack of medical knowledge on the part of the average patient or family member, people with I/DD often face little recourse when denied transplantation or even referral for consideration for such a procedure. In the last twenty years, some progress has been made on this issue, yet the need for further action on the part of activists and policymakers remains exceptionally clear. Background … it has historically been difficult to enforce federal civil rights law within the area of medical decision-making. People with I/DD and Organ Transplantation: A History of Discrimination In 1995, Sandra Jensen, a 34-year old woman with Down Syndrome and a terminal heart condition, was referred by her physician for a combined heart and lung transplant as the only available means of saving her life 1. Her insurer—the California State Medicaid system—approved the procedure with the requirement that it be performed at one of California’s two designated transplant centers. Both centers ...

Words: 5525 - Pages: 23

Free Essay

Mobile Forensics in Healthcare

...2009 Eighth International Conference on Mobile Business Mobile Forensics in Healthcare Connie Justice, Huanmei Wu Computer & Information Technology Purdue School of Engineering and Technology Indiana University Purdue University Indianapolis 799 W. Michigan St., ET 301 Indianapolis, IN 46202 {cjustice, hw9}@iupui.edu Abstract -- Mobile communication has been heavily applied in the current healthcare system for health information exchange. Patient information security has become a major concern, especially with the wide adoption of electronic medical records. Mobile Forensics has been utilized by law enforcement to systematically procure and preserve mobile evidence. However, the adoption of mobile forensics in the healthcare lags behind. The goal of our project is to examine the options and to provide recommendations for adoption and customization of mobile forensics in the healthcare field. An open-ended survey of local healthcare and related facilities around Indianapolis has been explored to examine the current status of Mobile Forensics in the healthcare field. The results have been evaluated using statistical analysis. A methodology is being proposed that would use mobile forensics procedures taking into account the regulatory measures that have to be instituted due to the Health Insurance Portability and Accountability Act (HIPAA) of 1996. Keywords-mobile forensics, healthcare. Evelyn Walton Informatics Indiana University Purdue University Indianapolis 799 W. Michigan...

Words: 4340 - Pages: 18

Premium Essay

Hippa

...HIPPA Joe Smith Independence University HCA 542A Mod 11:2011 8wk-online Final Paper October 10, 2011 HIPPA This paper will begin with a brief background and history on the Health Insurance Portability and Accountability Act (HIPAA). Following the background will be details about issues that are address within the Health Insurance Portability and Accountability Act. The purpose of this paper is to provide a foundation with providing some information about HIPAA. Background The Health Insurance Portability and Accountability Act (HIPAA) was enacted by Congress in 1996 in response to several issues facing health care coverage, privacy, security and fraud in the United States (ALL THINGS MEDICAL BILLING, 2011, para. 2). Before HIPAA, rules and regulations varied by state, there was no real consistency. Also, there was confusion as to which regulations were applicable and to whom. Did the rules apply in the states where the organization was doing business or where the organization was based? There was also no uniformity between state and federal requirements (ALL THINGS MEDICAL BILLING, 2011, para. 3). With regard to privacy, there were numerous uncoordinated federal acts which addressed privacy in some form. Prior to HIPAA, there was no standard authority for enforcement of fraud and abuse that applied to state and federal health care programs (ALL THINGS MEDICAL BILLING, 2011, para. 4). Congress recognized the increased use...

Words: 2149 - Pages: 9

Premium Essay

Health Law

...ROLE OF LAW IN THE U.S. HEALTHCARE SYSTEM USING THE LAW TO PROMOTE OUR POLICY GOALS AND ETHICAL PRINCIPLES The study of law is more than simply memorizing a list of activities that are illegal, such as Medicare fraud or price-fixing. It is more than memorizing the penalties for particular violations, such as the number of years in prison one can receive for a class B felony or the fine for driving 50 miles per hour in a 35 mile per hour zone. It is more than trying to remember the names of court cases or the citations to statutes and regulations. Instead, law is a policy discipline and a social science. Moreover, the law is not cast in stone, but is subject to change. For hundreds or perhaps thousands of years, people have reconsidered and changed the rules that govern their activities. In a democratic society, we have the power to make further changes in the laws by which we live. Therefore, as students and scholars of law, we not only study the current state of the law, but also what we think the law should be. In particular, we consider how we can use the law to accomplish our goals of public policy. We begin this type of analysis by identifying a practical problem. For example, we may want to focus on discrimination, violence, environmental pollution, or inadequate access to healthcare services. Then, we try to figure out how to use the law and the legal system to solve that particular problem by creating a new law or by changing an existing law. “There...

Words: 15289 - Pages: 62

Premium Essay

Doctors

...Code of 1986 to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes. HIPAA Colloquial acronym(s) Enacted by the  104th United States Congress Citations Public Law Stat. Pub.L. 104–191 110 Stat. 1936 [1] [2] Legislative history [3] • • • • • • • • • Introduced in the House as H.R. 3103 [4] by Bill Archer (D-TX) on March 18, 1996 [5] Committee consideration by: House Ways and Means Passed the House on March 28, 1996 (267–151 Passed the Senate on April 23, 1996 (100-0 [6] ) [7] ) [8] ) and by the Senate on , in lieu of S. 1028 Reported by the joint conference committee on July 31, 1996; agreed to by the House on August 1, 1996 (421–2 [9] August 2, 1996 (98–0 ) Signed into law by President Bill Clinton on August 21, 1996 e v t [10] The Health Insurance Portability and Accountability Act of 1996 (HIPAA; Pub.L. 104–191 [1], 110 Stat. 1936 [2] , enacted August 21, 1996) was enacted by the United States Congress and signed by President Bill Clinton in 1996. It has been known as the Kennedy–Kassebaum Act or Kassebaum-Kennedy Act after two of its leading sponsors.[11] Title I of HIPAA protects health insurance coverage for workers and their families...

Words: 7409 - Pages: 30

Free Essay

Davita Defrauds Governement

...blowing the whistle on foul play. When an employee is privy to information that details the operations of the organization or that of a partner organization due to their position they have the legal right to bring to the forefront any misconduct utilized to procure a profit. Whistleblowing can occur on many levels and while public corporate organizations are mainly blamed for extreme misconduct, whistleblowers can report the delinquency of private, nonprofit, and even government divisions. The misconduct of an organization or individuals inside the organization can be reported internally to supervisors or to ethics hotlines that are usually provided to employees at hire. More popular though are those who choose to expose major errors publicly, exposing information in detail to the media or industry regulators. Research by Archambeault and Webber (2015) supports the statistic that 40% of all occupational fraud cases examined in a 2014 fraud study were detected by the tip of the company’s own employee (p. 65). This factor is relevant to both internal whistleblowers and external whistleblowers. This was the notion of Dr. Alon J. Vainer and nurse Daniel D. Barbir, employees of DaVita, the one of the nation's most innovative healthcare communities. While working for the company, Vainer and Barbir took note that the company was billing Medicare and Medicaid for useable medications that they threw away after partially using them (Denver Post, 2015). If proven, this would be the...

Words: 866 - Pages: 4

Premium Essay

Capstone Paper

...08, 2012 Platinum Health Services (PHS) In today’s world the healthcare industry is in critical need for a company with strong core values that can assist in their upkeep. Platinum Health Services is a company that has great strategies when it comes to its Human Resource management aspects as well as the laws. Some of the company’s human resource management processes are selection, training and development, compensation, and their appraisal system. Background Platinum Health Services was first established in Austin, Texas 3 years age. Since then it has opened in 3 states (Texas, New Jersey, Florida) with multiple accounts in each state. At each account one supervisor and a team of employees are stationed at it and only report to that destination as their workplace with PHS. The company’s industry is healthcare and it is targeted at cleaning hospitals, nursing homes, and other healthcare facilities that seeks the help of another company to provide cleanliness and laundry service. One of the biggest trends of the business is that it is growing at a fast rate. Another trend of the business is that the industry is needed more and more by healthcare businesses. The services and descriptions PHS provides are below: * Housekeeping is one of the services the company provides. It prevents the healthcare business that is being serviced from being contaminated and infectious. That is important because healthcare businesses constantly need to be cleaned. * Laundry/Linen is...

Words: 5147 - Pages: 21

Premium Essay

Meaningful Use

...Meaningful Use Information Technology in Healthcare Mohammad Ali Torabi Meaningful Use In 2009 president Obama signed the Affordable Care Act, which is also known as ObamaCare, into law. ObamaCare is a national health care plan, which its main goal is to reform the American health care system so that every citizen would be insured by the year 2014. Healthcare providers are overwhelmed by the amount of patients they visit everyday due to the shortage of doctors we are having. One article from New York Times estimated that by the year 2025, America would be in shortage of 100,000 primary care physicians, based on the amount of doctors graduating and an increase demand of healthcare. Having said this, the atmospheric state in the healthcare environment can be described as barred linear unit in which everything within is in an incessant movement, whether it’s the personal, semantic role, and/or the application. In this crucial environment, access to patients’ medical record in a timely manner is essential in providing efficient and quality patient care. In a town meeting held in Northern Virginia Community College in Annandale, Va., President Obama called for fixing the inoperative healthcare system by investing in electronic medical records. President stated, “ I know that people say the costs of fixing our problems are great – and in some cases, they are”. He also stated that, “The costs of inaction, of not doing anything, are even greater. They’re unacceptable.” In an...

Words: 3939 - Pages: 16

Premium Essay

Aft Task 4

...Nightingale Executive Summary Western Governor’s University Nightingale Executive Summary Nightingale Community Hospital is a 180 bed hospital that provides acute care and a range of services to their community. Nightingale has four core values that consist of safety, community, teamwork, and accountability. Communication is a key concept in achieving and defining those values. According to the National Patient Safety Goal Data in regards to communication for Nightingale Community Hospital there is not consistency and goals are not being met for the following: reporting critical results within 60 minutes as evidenced by documentation, verbal orders/read-backs, unacceptable abbreviations, and time out hospital wide. Critical Results Within 60 Minutes Nightingale Hospital has showed variations in compliance with reporting critical results within 60 minutes for the months of January through December. Compliance went from 63% in January to 80% in December. In between this time there have been significant variances. As noted there from the data there was only 56% and 57% compliance for the months of June and July. Reporting of Critical Results with 60 minutes should be at 100% compliance. Verbal Orders/Read-Backs The ED met 100% compliance with verbal order/read-back audits for the fiscal year to date. Ortho is at 62% compliance. The other departments at Nightingale Hospital are ranging from 91% to 99%. For JCAHO standards the departments should be at 100%. ...

Words: 6555 - Pages: 27

Premium Essay

Funding and Reimbursing Healthcare

...United States vs. Foreign Nations: Funding & Reimbursing Healthcare Services United States vs. Foreign Nations: Funding & Reimbursing Healthcare Services In this document I will discuss the health care system of three foreign nations versus the United States. Specifically, focusing on how physicians and hospitals are reimbursed and funded in the United States as opposed to foreign nations. The three other foreign nations that will be involved in this discussion will be: Germany, Canada, and United Kingdom. Reimbursement/funding of health care services varies from nation to nation. Each of these countries inhabits a different point on the international healthcare continuum. In this critical analysis you will read about the different ways foreign countries and the United States reimburse hospitals and providers for health care services. The United States of America In America, we, as consumers, have the right to choose among various suppliers of healthcare services. We make a decision based upon the competing market and quality of goods and services. Then we pay for the cost of our services mainly through insurance or by paying for the full cost of the purchase ourselves. According to Bodenheimer and Grumbach, health care financing in the United States started off from out-of-pocket payments and evolved through individual private insurance, then employment-based insurance, and then finally government-based financing (i.e. Medicaid and Medicare) (2012, p. 187)...

Words: 2528 - Pages: 11

Premium Essay

Employment Laws

...Assignment 2: Employment Laws Carla Griffin Dr. Queensberry Health Services Human Resource Management July 29, 2012 This paper will discuss employment laws that need to be most closely monitored in your organization and state, a sample job description for the role I am employed within an organization and how I would protect the organization from claims that what employees are asked to do once hired were not a part of the job description, the steps that should be taken to protect the organization from possible litigation when hiring a new employee, and steps you should take to protect your organization from possible litigation when terminating an employee. Flynn, Mathis, & Jackson (2007) states that, “Equal employment opportunity is a broad concept holding that individuals have equal treatment in all employment related actions” (p.56). Anti-harassment laws, equal pay laws, Civil Rights laws, etc. fall under the equal employment opportunity umbrella when it comes to employment within an agency. With all of the new age innovative technology, the use of mass media, and especially electronic mailing systems as a means of preferred communication; privacy has been a concerning issue for both employees and employers. Privacy laws in the workplace should be closely monitored in my current organization and state because of the amount of use of innovative technology. Most employers utilize and provide employees with access to interoffice electronic mailing systems, use...

Words: 1420 - Pages: 6

Premium Essay

Prison Management Proposal

....... 1 2. OVERVIEW: GENERAL AND STATISTICAL DATA ......................................................... 5 2.1 2.2 2.3 2.4 3.1 3.2 4.1 4.2 4.3 4.4 4.5 4.6 4.7 5.1 5.2 5.3 5.4 5.5 5.6 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 7.1 7.2 OVERVIEW OF COUNTRY AND PRISON SYSTEM.............................................. 5 PRISON POPULATION ........................................................................................... 6 PROFILE OF PRISON POPULATION..................................................................... 6 QUALITY OF DATA ................................................................................................. 6 LEGISLATION: OVERVIEW .................................................................................... 7 LAW REFORM ......................................................................................................... 8 ADMISSION AND ASSESSMENT........................................................................... 9...

Words: 26294 - Pages: 106

Premium Essay

Wgu Rtt1 Task 2

...is to protect the health, safety and wellbeing of the public and their healthcare needs. Through researching both entities, a Professional Nursing Mission Statement outlines the valuable characteristics of both establishments with specific roles that are entailed in each one and how they interpret the meaning of quality of care. A: Functional Differences A regulatory agency such as the Wisconsin Department of Safety and Professional Services assists with the regulation and upholding of licensure requirements for delivery of competent care within the nursing profession. Laws that are written and monitored evolve from actions within the legislative and executive branches to safeguard the public (NCSBN, 2015). Regulatory agencies also enforce the state nurse practice act along with overlooking exams that grant licenses and disciplining the license of those that engage in unsafe practice. Nurse education programs require approval from a regulatory agency and need to show that collaboration between students and the facility exist (Nursing World, 2012). A professional nursing organization places emphasis on the nurses as individuals, their profession, and the healthcare needs of the public. Such organizations provide confidence within the nursing field by offering continuing education and community resources for professional growth and support. The ongoing changing needs within healthcare from additional interventions to new symptoms are supported and Professional...

Words: 2156 - Pages: 9

Free Essay

Sexual Harassment

...hostile tense working environment. In this paper we will discuss the challenges in managing and preventing sexual harassment in a culturally diverse workplace. We will also discuss some cases of reported sexual harassment that has occurred in different countries, the laws against sexual harassment and the affect it has on companies as a whole. The global trend to eliminate any forms of sexual harassment in the field of labor relations is one of the priorities of modern day society. Companies around the world face the task of ensuring there are decent working conditions for employees. These conditions include one free from sexual harassment. When incorporating prevention measures some cultures are harder to implement for than others. Because of this, cross-cultural companies are considered difficult to management because of the peculiarities of the mentality and the differences in cultural practices, but regardless if the structure, sexual harassment requires a solution in order to further a harmonious environment. There are many definitions to properly describe sexual harassment. It’s the unwanted advances of a sexual nature by any subordinate or superior in a workplace where failure to comply may be utilized as threat such as to affect future advancements and status of employment. This type of harassment is not limited to threats, in which the victim has to submit...

Words: 4138 - Pages: 17

Premium Essay

A Road Map for Hospitals

...Advancing Effective Communication, Cultural Competence, and Patient- and Family-Centered Care A Roadmap for Hospitals Quality Safety Equity A Roadmap for Hospitals Project Staff Amy Wilson-Stronks, M.P.P., Project Director, Health Disparities, Division of Quality Measurement and Research, The Joint Commission. Paul Schyve, M.D., Senior Vice President, The Joint Commission Christina L. Cordero, Ph.D., M.P.H., Associate Project Director, Division of Standards and Survey Methods, The Joint Commission Isa Rodriguez, Project Coordinator, Division of Quality Measurement and Research, The Joint Commission Mara Youdelman, J.D., L.L.M., Senior Attorney, National Health Law Program Project Advisors Maureen Carr, M.B.A., Project Director, Division of Standards and Survey Methods, The Joint Commission Amy Panagopoulos, R.N., M.B.A., Director, Division of Standards and Survey Methods, The Joint Commission Robert Wise, M.D., Vice President, Division of Standards and Survey Methods, The Joint Commission Joint Commission Mission The mission of The Joint Commission is to continuously improve health care for the public, in collaboration with other stakeholders, by evaluating health care organizations and inspiring them to excel in providing safe and effective care of the highest quality and value. The inclusion of an organization name, product, or service in a Joint Commission publication should not be construed as an endorsement of such organization, product, or services, nor is failure...

Words: 52816 - Pages: 212