...Tennessee Court Failure to adhere to regulatory compliance can impact a litigation process, which in the case of Stevens vs, Hickman Community Hospital was prominent when the Tennessee Court of Appeals dismissed the case based on failure to comply with Tennessee’s Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. This paper will include an IRAC Brief that will explain the case in detail followed by a brief explanation of governmental principles of regulatory compliance requirements, a brief explanation of methods for managing the legal risks that arise from regulatory compliance issues, and how this case can be applied within a business managerial setting. IRAC Brief Christine Stevens a Tennessee woman filed a malpractice lawsuit against Hickman Community Hospital, the emergency room services and physicians who cared for her husband Mark Stevens, which subsequently resulted in his demise. The case however is being challenged as a result of failing to comply with regulatory requirements set forth in the Tennessee Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. Case In accordance with the Tennessee Medical Malpractice Act, on April 11, 2011, counsel for Mrs. Christine Stevens the spouse of Steven Stevens, formally notified Hickman Community Hospital and Dr. Whitaker of the impending malpractice allegations in their care and...
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...According to the American Telemedicine Association, the relatively new remote medicine field has grown into a multi-billion dollar industry. Most home health agencies, hospitals, primary care providers, and specialists utilize some form of telehealth technology, while continue to strive toward building a legal foundation. Health care organizations and insurers view telemedicine as a welcome alternative to time-consuming and costly office visits, and consumers increasingly accept telemedicine as a norm. Furthermore, the technology allows consumers to connect with providers conveniently using such as mobile phones and tablets. However, telemedicine practitioners currently rely on laws design for traditional settings. The following topics review a few of the concerns affecting telemedicine providers. Patient Privacy and Confidentiality With telemedicine, care providers can store...
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...hospitals were defendants in 61 percent of 394 medical antitrust disputes that led courts to issue formal opinions (hospitals were plaintiffs in only 6 percent. These numbers understate the burden of hospital antitrust litigation because most filed claims do not result in a published judicial opinion).” Hospital is a business that provides medical service to patients and there will always be competitors that produce social benefits. For example, Medical Malpractice is one of the major area that fail to provide quality health care medical treatment to patients, the victims of medical malpractice seek compensation for their physical or emotional injuries, or both, through a Negligence action. When patients suffered an injury, which he or she should be compensated, the reason for his or her injuries was because the physician’s violation of the standard of care. However, although the physicians is the cause of his or her injuries like according to (Farlex, 2012) “To protect themselves against the massive costs of such claims, physicians purchase malpractice insurance. Physicians' malpractice premiums total billions of dollars each year and add substantially to the cost of health care in the United States. In some specialties, such as obstetrics, 50 percent of the cost for medical services goes for the provider's malpractice premiums. Many physicians, faced with the rising tide of malpractice premiums, practice "defensive medicine" by ordering tests and procedures that might not be...
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...Ethical and Legal Aspects of Nursing NUR 391 September 19, 2011 Ethical and Legal Aspects of Nursing Nursing is an ever-changing profession that responds to diverse and complex issues of health maintenance, protection of patient safety, human rights, and dignity. Professional nurses are in a unique position as patient advocates, regardless of practice setting. Nurse’s face inherent ethical decisions making, and they are frequently involved in the ethical decisions both personally and professionally when ethical reason both for and against the choice are both equally desirable (Pierce, 1997). The ANA Code of Ethics with Interpretive Statements offers a statement for every professional nurse’s ethical obligations and duties, ethical standard, and commitment to society (ANA, 2001). Nurse must continuously meet standards of care and the ANA Code of Ethics and uphold fundamental legalities. Taking a closer look into the nurses ethical responsibility and fundamental legalities associated with direct patient care and as it would apply in the case study case study of patient Marianne, a 79 year-old female, who is admitted to the emergency department with hemorrhagic stroke, a grave prognosis of recovery and no advance directive. This paper will discuss legal responsibilities of the registered nurse as witness in a malpractice case of a nurse colleague found negligent in following standards of nursing practice. “The nurse’s primary commitment is to the patient who is the...
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...Karen Gambrel Homework week 4 Risk Management 1. How does OSHA protect health care employees? OSHA protects health care employees by making sure that the employers inform employees of all potential dangers under the right to know policy. OSHA prevents accidents from happening. That is why they are strict and walk around in the work environment to prevent “occupational injury.” 2. What should be included in a waste management plan? All health care organizations, whether a hospital, ambulatory surgery center, or nursing home, should prepare an infectious waste management plan that: Defines and designate those wastes to be considered and handled as infectious materials. Segregates infectious waste from non-infectious waste. Establishes packaging standards for waste disposal. Sets storage guidelines. Specifies disposal methods. Details contingency measures for emergency situations. Arranges for staff education. 3. What does the employee health department do to protect employees? Health care facilities need to accept responsibility for their workers. When a new employee starts a job the employer makes sure there are a physical examination and an occupational history for everyone. Most employers have periodic health appraisals for workers exposed to a hazardous environment, returning from an absence due to illness or injury, transferring to another department, or retiring. In addition to the job orientation, health safety, and environmental information, selective immunizations...
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...Environmental Analysis and Setting Strategic Goals HCS/589 – Healthcare Strategic Management Taylor Jackson Debra Sandberg October 27, 2014 Introduction Environmental analysis is important for a company. This allows for the company to look at external factors that will help them to succeed or fail. Environmental analysis could be internal as well as external. The internal analysis allows the company to look within and analyze the successes and see where improvement can and should be made. The external analysis looks at factors such as location, marketing, and surrounding areas to analyze if the these factors are what is best for the company. Implications of Environmental Analysis According to Arthur (2014), “When doing an environmental analysis as part of a strategic plan, you have to keep an eye out for growth opportunities. Even if the environmental factors look discouraging, you may be able to find opportunities to grow the business.” The implications of the environmental analysis is to ensure the company is growing in the direction in which the CEO is hoping for. The environmental analysis allows the company to see the growth that is happening and see room for change to go along with the opportunities that are presented as well. Major Benefits of Competitive Analysis Kokemuller (2014), “Competitive analysis is a process of systematically comparing your company, products and services against significant competitors within your industry. This is an important...
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...Professional Regulation and Criminal Liability Regulation of Nursing Practice and Legal Aspects Marie Alexandre University Of Phoenix HCS/430 - LEGAL ISSUES IN HEALTH CARE: REGULATION AND COMPLIANCE Instructor: LENORA SMITH July 4th 2011 Running Head: Professional Regulation and Criminal Liability Abstract The delivery of care within the health care system is a challenge because of the changes that are influencing health professional, patients and health care organization. Nursing practice is governed by many legal concepts. It is important for nurses to know the basic of legal concepts, because nurses will be held accountable for making decision that can be harmful to patient’s health. Nurses most have a clear understanding of the law and how it affects nursing practice. Many of legal issues today require Nurses to use critical thinking abilities to practice safe nursing care, Safe Nursing care means to understand the legal boundaries within with nurses must function. The paper will help described nursing, legal issues nursing are facing today. Professional Nursing should know the legal limit which affects nursing practice. An understanding of the law bond with sound judgment should ensure safe and appropriate...
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...excellent care, but also document the care they provide to ensure they are not subject to accusations of negligence, or gross negligence that can lead to malpractice suits. This paper will differentiate between negligence, gross negligence, and malpractice. In order to further examine these issues an article titled “Amputation mishap, negligence cited” from The Neighborhood News in which “Earlier this week, 62-year-old Joseph Benson underwent an amputation of his leg just below the left knee and only suffered one complication- the wrong leg was amputated” (Lowell, n.d.) will be discussed. This will include the determination of whether or not this example is a case for negligence, gross negligence, or malpractice. This discussion will also include the importance of documentation and its correlation to potential negligence, the ethical principles I would use to guide my practice in this situation, and how I would document to satisfy ethical and legal requirements. Most people do not understand the distinction between negligence, gross negligence, and malpractice. According to Guido (2010), a plaintiff must prove that there was a duty to the patient, that a breach of the duty owed to the patient occurred, that an injury resulted because of the breach, that this injury was foreseeable, and that damages resulted in order to win a malpractice or negligence case. “Negligence is a general term that denote conduct lacking in due care, thus, negligence equates carelessness” (Guido, 2010, p....
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...INSIDER DEALINGS AND THE PROBLEMS OF BUSINESS ETHICS IN THE BANKING INDUSTRY IN NIGERIA. BY Adegboye Folasade Bosede Department of Banking & Finance Covenant University Ota, Ogun state. Tel: 07032678252 e-mail:sadeadegboye@yahoo.com THIS PAPER IS TO BE PRESENTED AT: THE 8TH ANNUAL CONFERENCE OF THE NIGERIAN SOCIOLOGICAL SOCIETY AT TEMPRANCE HOTEL OFF THE BELLS UNIVERSITY ROAD OTA, OGUN STATE. DATE: TUESDAY NOVEMBER 25- THURSDAY NOVEMBER 27, 2008 ABSTRACT Professionalism in banking is violated when ethical or legal fundamentals are breached or blatantly disregarded. Ethics is a strong code of morality, which for an occupation such as banking, plays an important role in the well being of individuals, businesses, national and international economies. Unethical conduct manifests itself in various ways, including insider abuse, fraudulent dealings; irregularity/inaccuracy in rendition of reports, these are problems bordering on business ethics as evident in the Nigerian banking crisis. A multiple regression analysis was used and from the summary of the finding, we can infer that the consequences of insider dealing and problem of business ethics can be disastrous and could result in loss of confidence and trust in the industry, loss of business for the institutions, shareholders, board/management disputes, operational losses, distress of the sector, and liquidation of institutions, capital flight, and stagnation of the economy. INTRODUCTION Traditionally, the role of...
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...deformity and for women who travel great distances to a doctor. Discuss the following: (1) Who has standing to sue to challenge this law? (2) What legal issues might be raised as a basis to challenge this law? (3) What legal philosophy best support this law? (4) What legal philosophy best challenge this law? (5) What source of law(s) are relevant to this issue? Standing to Sue means “A legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit (Miller & Cross, 2014). In simple words it means who ever is filing the lawsuit should have suffered or must have been threatened by a harm. Also a person can have standing to sue on behalf of another individual for example a mentally incomepetent person or for a minor. It also requires that the controversy needs to be substantial than a hypothetical contoversey i.e. Justiciable Controversy. In this Sonogram case the doctors are responsible and liable to perform an ultrasound and describe about the fetus and medical risks involved with them before they get an abortion. I think both the patient and the doctor or a group of doctors can chaallenge this law as they all have the standing to sue in this case. The legal philosophy that best supports this law is the legal positivism of taking every word of it and following it. The legal philosophy that challenges this law is forcing the doctors to say unnecessary things that violates the 1st Ammendment right. There are four...
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...Professional Regulation and Criminal Liability Paper University of Phoenix HCS/430 Legal issues in Health Care August 3, 2010 There are currently over 50 different “acts and behaviors that are defined as professional misconduct for physicians” (State of New York Department of Health, 2010). The most common acts and behaviors that are reported as misconduct fall under categories such as: negligence, incompetence, impairment, sexual abuse and fraud. This paper will explore medical misconduct as it relates to physicians. The author will identify the civil complaint process for the state of Florida that will help patients to report suspected professional misconduct or incompetence, and will investigate the regulatory agency that will be called upon to investigate such allegations. The author will also explore the process in which the regulatory agency determines and applies appropriate disciplinary actions. Medical Misconduct Negligence can be defined as “the failure to exercise the care that would be used by a reasonable prudent physician in the same situation” (State of New York Department of Health, 2010). Physicians that fail to follow medical standards while treating patients are considered to be negligent, even if no injury occurred. In order for a physician to be found negligent “all that must be proven is that a physician failed to meet the standard of care” (State of New York Department of Health, 2010). Negligent acts can be any of the following: wrongful treatment...
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...Primary Care and Health Management 4419-601 Managing Medical Ethics and Legal Requirements in a Primary Care and Health Environment TABLE OF CONTENTS TASK | PAGE | Task 1Managing medical ethics is a fundamental part of a Manager’s role. It is the responsibility of the Manager to understand the guiding principles of medical ethics and apply them within the organisation | | a) Reflect on the journey of medical ethics and interpret how the principles of the Hippocratic Oath are applied within your organisation………………………………….………… | 4 | b) Examine your workplace with reference to its compliance with the legal and ethical requirements of holding, using and accessing data………………………………………….………. | 6 | c) Evaluate your role as a manager in ensuring compliance with the principles of medico-legal ethics in relation to duty of care ………………………………………………………… | 8 | d) Regulatory bodies are used as a means of support in the event of fraud and malpractice. Analyse the route or course of action you would follow if you were to identify evidence of potential fraud or malpractice within your organisation…………… | 9 | Task 2There are a variety of medico-legal requirements affecting healthcare organisations and the Manager is required to understand how these requirements impact not only on the medical profession but on the organisation as a whole. | | a) Review relevant medico-legal requirements relating to consent and capacity, affecting your organisation………………………………………………………………………………………...
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...Legal and Ethical Issues Italia Espinoza, Anthony Hill, Erik St. George, David Rojas, Janet Sanchez ETH/ 316 August 17, 2015 Leonard Knight Legal and Ethical Issues Having to deal with legal and ethical issues in a business can become difficult if the correct procedures are not followed. Knowing the difference and the importance of how these issues can impact a business and or an organization is a good approach when trying to make a business grow. Taking into consideration the minimal details in which a company can avoid any issues that can make their business fall back from growing and becoming successful, can be beneficial in the long run. Throughout the context, there will be some examples of what ethical and legal issues are and the impact they can cause an organization. What are ethical issues? Ethical issues are problems, situations or opportunities requiring an individual to choose among actions that may be evaluated as right or wrong, ethical or unethical. Ethical issues are sometimes caused due to conflict which could include personal or business. Some of the questions that arise would be “is it ethical to sell products that are legal, but are known to harm those who use them?” Defining ethics is norms of conduct that distinguish between acceptable and unacceptable behavior. Ethical issues goes beyond personal or business matters. It depends on the person or business to decide. In business ethics there are a set of attitudes, morals and rules of behavior...
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...Week Two Wrap Up – The Fabric of Healthcare Law By Mary Nell Cummings In week two we discussed how legislation and other laws affect healthcare delivery. While there is no need to understand any law in detail at this point in the course, it is important to understand the source of law. Also, it is important to understand how law affects your organization, as well as how your organization complies with legal requirements. Finally, your understanding of the sources of law, and the process of regulation will help you to make good decisions as a health care administrator. The Sources of Law Many people believe that all law comes from the Congress or from state legislatures. They believe that law is synonymous with “statute” which is a particular kind of law – drafted, debated, and voted on by a group of legislators. This is of course, not correct. There are many other sources of law. There is the federal constitution, and the constitution of each state. There is law made through regulatory agencies (administrative law) and there is law made by judicial decision (common law). This combination of approaches and interests leads to the rich fabric that is simply described as healthcare law. Common Law Contract Law: Contract law is at the heart of healthcare delivery. Insurance companies enter into contracts with patients, providers, facilities, and governments (state and federal). Doctors and hospitals enter into contracts with one another. Unions and employers enter into contracts with...
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... social and demographic changes and an increasingly complex healthcare delivery system that challenge the ability of nurses to provide safe quality of care. Should nurses fail to uphold certain standards and by doing so cause harm or injury to the client, they would be held liable in the tort of negligence. Description of a practical situation which raised ethical issues: Mr Lim 70 years old has been hospitalised for medical treatment with the diagnosis of chronic heart failure. He was ordered intravenous therapy by Dr Peter the medical resident. Nurse Su questions the order because it is for an infusion of Dextrose 50%. Dr Peter tells her that he checked it with Dr Lee, the medical officer. Nurse Su checks it with Nurse May before administration. Later, Mr Lim has a cardiac arrest and suffers extensive brain damage as a result of the infusion. The hospital inquiry is held and it determined that the correct infusion would be Dextrose 5%. Mr Lim’s family members are very upset and seek legal advice. All names mentioned in the above scenario are pseudonym. Identification of the ethical issues within the situation: Negligence Negligence is the breech of an obligation or duty to act with care, or failure to act as a reasonable or prudent person under certain circumstances. Negligence is established as an unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances...
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