...three legal considerations. The first legal consideration in this case is related to corporate liability. The hospital itself is negligent under this doctrine. Corporate negligence is the failure to provide the equipment, facilities, and staff to carry out the duties of the corporation in accordance with the established standard of conduct (Showalter, 2007). Corporate negligence is evident in this case in regard to the failure to ensure that sufficient healthcare personnel were available to provide the established standard of care to the patients in the facility. Moreover, the personnel that were required to remain at the hospital from the day shift were likely not performing at their peak after already working their own shift; which could result in errors in patient care. The nurse managers should have been proactive and had a plan in place in the event of severe weather such as forming a team of healthcare personnel who were willing to come to work at the beginning of the storm and stay until they could be relieved. This team should consist of a variety of personnel in sufficient numbers to allow for some personnel to rest while others work. Ultimately, it is the responsibility of the hospital to ensure proper personnel coverage regardless of the circumstances. Policies and procedures for handling this type of crisis must be in place and utilized as needed. The second legal consideration in this case is vicarious liability (respondeat superior). In this case a patient died as...
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...Identify and explain at least three legal considerations. In this scenario there were several legal considerations regarding the snow storm and the capacity of the hospital to accommodate those needs. According to the text there would be several factors to consider in regards to the legal concerns of the situation. 1. Whether the patient condition is an emergency and whether the hospital has the staff and facility to treat. 2. Whether the patient has been treated at the facility before. 3. Relates to the hospital ownership and whether it has received federal funds under Hill-Burton Act. (pg. 160) Under these factors being considered there was a great concern of inadequacies of obligations regarding patients due to nature of the incidents. The hospital was not able to accommodate the needs of the patients involved because of inadequate staff coverage especially medical staff coverage. The situation made it very difficult to obtain all the necessary requirements of documentation to view the entire patient’s medical history and thorough review of systems regarding all the patients in the snow storm. The hospital also has an obligation to its staff in regards to their safety as well. Several employees were not able to fulfill their job duties due to the inability to get through the snow storm without causing harm to them as well. In a normal capacity there could be legal decision that would affect the outcome and medical care of the patients involved, but the hospital was acting...
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...least three legal considerations When considering the legalities of this scenario, negligence, vicarious liability, and physician- patient relationship are a few components that affect the outcome of a lawsuit. The amount of legal torts that were violated in this case was enough to cause disputes between patients and healthcare staff. Negligence is a familiar tort that occurs much more than it needs too. Unfortunately in this case, vicarious liability and patient-physician relationship are two considerations that influence this case as well. According to (Dictionary.com), negligence is defined as “the failures to exercise that degree of care that, in the circumstances, the law requires for the protection of other persons or those interests of other persons that may be injuriously affected by the want of such care” (2012). The proximate cause which led to negligence, was Identified when a nurse gave an incorrect medication to a patient who later died. Whether or not the patient died from this malpractice, the hospital was still liable for this tort. In addition, failing to administer proper care to patients directly impacts the patient-physician relationship, which by law can be a breach of contract. Physicians have an implied service agreement that is exercised as soon as they accept to render patients their services. This relationship can also be considered a breach of contract if a healthcare facility fails to give adequate services. The patient-physician relationship...
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...Assisted Suicide Yusuf J. Shalah HSA 515 Dr. James Coon 1. Explain how the Patient Bill of Rights applies to the situation. With regards to this situation, the Patient’s Bill of Rights was established to contribute to more effective patient care, and to ensure that care is considerate and respectful, and more importantly, to ensure a health care ethic that extends that respect to a patient’s role in decision-making about treatment choices and other aspects of their care. “These rights can be exercised on the patient’s behalf by a designated surrogate or proxy decision maker if the patient if the patient lacks decision making capacity, is legally incompetent or is a minor.”(Aha, 1993) Mrs. Jones, in our scenario, is a patient evidently suffering from a terminal illness possibly in its latter stages, or possibly a fresh diagnosis. In either situation, from the information provided Mrs. Jones has made no declaration, or request, agreement to receiving an extra dose of a narcotic which could potentially end her life. Thus, Nancy nurses’ decision to administer this extra dose is not only capable of killing her, but is also premeditated. There is no consideration to her wishes, those of her family, and a blatant disregard of any other health professionals involved. If you are to be justified in helping someone to die (assisted suicide), the person you are going to ‘help’ must have made it clear that they want to be killed. “A unilateral decision that is...
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...identifies and explains how the Patient Bill of Rights applies to Nancy giving Mrs. Jones an extra dose of narcotic. It also discusses three ethical and three legal considerations. It also identifies and explains three business considerations. Finally it explains what the manager should do in this situation and why. Improving the end of life and advocating for a “good death” has become the mission of many dedicated individuals and organizations, and is also a frequent subject of research and focus for policy improvements (Jennings, Runder, and D’Onofrio, 2003). Assisted Suicide Effective health care requires collaboration between patients and physicians and other health care professionals. Open and honest communication, respect for personal and professional values, and sensitivity to differences are integral to optimal patient care. As the setting for the provision of health services, hospitals must provide a foundation for understanding and respecting the rights and responsibilities of patients, their families, physicians, and other caregivers. Hospitals must ensure a health care ethic that respects the role of patients in decision making about treatment choices and other aspects of their care. Hospitals must be sensitive to cultural, racial, linguistic, religious, age, gender, and other differences as well as the needs of persons with disabilities (A patient’s bill of rights, 1992). To participate effectively in decision making, patients must be encouraged to take responsibility...
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...of terminal cancer patients. In one extreme case, Nurse Nancy feeling empathy for a rapid decline in one of the patient’s health (a 30 year old single mother), want to give an extra dose of narcotic drugs that could potentially end the patient’s life, and what Nurse Nancy perceives as her suffering. Q1. Explain how the Patient Bill of Rights applies to this case. The Patient’s Bill of Rights is the colloquial term for the Consumer Bill of Rights and Responsibilities which was taken up in 1998 by the U.S. Advisory Commission on Consumer Protection and Quality in the Health Care Industry. This deals with a number of areas concerning patient rights, including information for patient’s, the right to choose a healthcare provider, access to emergency care, the right to make decision regarding care and the principle of autonomy, respect and non- discrimination, confidentiality at the way in which complaints should be handle fairly. The bill also notes the responsibility of the patients to take care of themselves. When looking at the potential issue of assisted suicide this is a controversial subject, in this case there is a young cancer patient who has declined quickly who may be asking for help in ending their life. It may be argued that this is one of the choice a patient may make in the way that they seek to determine their own treatments; furthermore that allowing fully competent patients to make this decision is respecting autonomy. However, the patient bill of rights does...
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...Kessler Health Care Policy, Law and Ethics Strayer University April 29, 2012 As the chief executive officer of this non-profit community hospital, I would have to consider the legal, ethical and professional aspects of this case. The first legal consideration is duty of responsibility. In a healthcare organization, management functions begin with the senior administration. This includes the chief executive officer. The responsibilities of senior administration include the following duties: support the governing board in its strategic planning and policymaking activities, carry out the board’s policies and strategic goals, communicate board policies and the strategic plan to employees and the medical staff, oversee day-to-day hospital operations, measure the quality of patient care, manage operating funds, select qualified junior executives, and conduct necessary business transactions. Management must report regularly to the governing board on the status of all of these activities (Showalter, 2008). In this case, it could be suggested that I, as CEO, neglected to adequately oversee day-to-day hospital operations which led to the staffing issues. It should also be asked if I reported the issue to the governing board. The second legal consideration is negligence. A healthcare provider can be held liable for the negligence of others, even though he has not been personally negligent. This is called vicarious liability, and is based on the principle...
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...Ethial Issues in Health Care Name: Professor: Institution: Course: Date: Ethical Issues in Health Care Section 1: Ethical Decision Making Processes The Consequential Framework This method of ethical decision making is necessary particularly when dealing with future effects of the lines of action adopted for a particular situation. The method considers all the individuals who will be affected either directly or indirectly (Robinson & Reeser, 2000). The first step is to consider what results are desirable in the particular ethical complication. Secondly, there is consideration of the ethical conduct that will help in realizing the best of the consequences. An individual using this method of consequences framework has an aim of producing the most good. The Duty Framework The duty framework method of coming up with ethical decisions focuses on the obligations and duties that are usually posed in different situations. The method considers the ethical obligations that individuals have and the things that they should never do. The method defines ethical conduct as fulfilling one’s duties and doing what is right. The main aim of the method is performing the right act. Section 2: The Duty Framework Decision Making Process The duty framework is the more preferable of the two methods discussed above. Firstly, the method presents a solid ground for the formulation of decisions. Mainly, it is due to the fact that most moral duties are standardized and an expected course...
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...non-profit community hospital. In January the area was hit by a large snow storm while you were vacationing in the Bahamas. Many of the hospital staff who provided patient care called out from work on the 3-11 and 11-7 shifts. Despite efforts from the nurse managers to get relief staff, only one nurse agreed to come in. As a result, the patient units were understaffed and health care personnel on day shift were required to remain on their assigned unit until they were relieved from duty. During the course of this occurrence several patients sustained minor injuries from falls out of bed and one patient was given the incorrect medication, resulting in death. The nurse on duty left the hospital to buy dinner at the corner Wendy’s Restaurant. After one year, the families of these patients sued the hospital on behalf of their deceased relatives, and you are one of the parties mentioned in the suit. The hospital refused liability, stating that: the patients who sustained a fall were awake, oriented and experienced no limitation in mobility; the patient who was given the incorrect medication died not from staff negligence, but from an unidentified allergic reaction to a food substance and had no history of allergies. 1. Identify and explain at least three legal considerations. Corporate liability is one legal consideration that the hospital is negligent itself. Corporate negligence is the failure of the task providing the accommodations and facilities necessary to carry out the...
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...1. Identify and explain at least three legal considerations. Three legal concepts that could be considered in this case are the doctrine of apparent agency, the captain-of-the-ship doctrine, and the doctrine of corporate liability. Under the doctrine of apparent agency, the nurses and other staff that remained on duty acted on behalf of the hospital because they were agents or employees at the time of snow storm. The day shift staff that remained on duty and nurse who agreed to come in assumed the role of agents that were authorized to act on behalf of the hospital. I am the C.E.O. of the hospital, and even though I am on vacation, my duties are still the same as they always are. It is my responsibility to make that the hospital is properly staff in the event of an emergency or the event of inclement weather. This is my duty whether I specifically carry out this duty or I assigned someone else to do so. It is also my duty to make sure that the staff carries out the duty of care to the patients at the hospital. Therefore, under the doctrine of apparent agency, I can be liable for the actions of those agents or employees working at the time of the incident. Under the rule, the principal, me the C.E.O., is bound by the acts of my agents with the apparent authority which I knowingly permit the agents to assume, or which I hold the agents out to the public as possessing. “Agency may be express, or implied from the acts of the principal, from his silence or lack of action,...
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...a case of Negligence, Duty to act, and wrongful death. This paper will explain the legal, ethical and professional considerations. The Chief Executive Officer of a small non-profit community hospital were on vacation in the Bahamas, the are was hit by a large snow storm, in this case, many of the hospitals health care providers were unable to make it to work, as a result. This paper will explain how the employees reacted, and how the patients ethically, legally and professional suffered from the unexpected incident. While the Chief Executive officer of a small non-profit community hospital was vacationing in the Bahamas, the area was hit by a large snow storm. Many of the hospitals health care providers were unable to make it in to work, 3-11 and 11-7 shifts. As a result the patients units were understaffed and days shift personnel were required to remain on duty until relieved. During this snow storm, several patients sustained minor injuries from falls out of their bed, and one patient died after being given the wrong medication, the nurse on duty also left the hospital to go to Wendy’s to buy dinner, after one year, the families of these patients sued the hospital on the behalf of their deceased relatives. The three legal considerations are, during the snow storm, many of the hospital health care providers were unable to make it to work, and patients were not attended properly, probably because of shortage of staff in the community hospital...
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...provided patient care called out from work on the 3-11 and 11-7 shifts. Despite efforts from the nurse managers to get relief staff, only one nurse agreed to come in. As a result, the patient units were understaffed and health care personnel on day shift were required to remain on their assigned unit until they were relieved from duty. During the course of this occurrence several patients sustained minor injuries from falls out of bed and one patient was given the incorrect medication, resulting in death. The nurse on duty left the hospital to buy dinner at the corner Wendy’s Restaurant. After one year, the families of these patients sued the hospital on behalf of their deceased relatives, and you are one of the parties mentioned in the suit. The hospital refused liability, stating that: the patients who sustained a fall were awake, oriented and experienced no limitation in mobility; the patient who was given the incorrect medication died not from staff negligence, but from an unidentified allergic reaction to a food substance and had no history of allergies. On this paper I will be responding to the following questions: * Identify and explain at least three legal considerations. * Identify and explain at least three ethical considerations. * Identify and explain at least three professional considerations. * Identify and explain at least three business and reputational considerations. * Identify and explain at least three legal considerations It is...
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...have worked closely with your nursing staff because they have been expressing “Burn Out” (frustration, dissatisfaction, or lack of interest in a job) as a result of the increase in the number of patients coming to the center who were diagnosed with terminal cancer. Nancy Nurse confided in you that she is particularly saddened about the rapid decline in Mrs. Jones’ health, a 30 year old single mother. She decided that the next time Mrs. Jones comes in for her treatment; she is going to give her an extra dose of a narcotic that could potential end her life. 1. Explain how the patient Bill of Rights applies to this case. The patient bill of rights applies to the case in the patients’ “right to be given by his healthcare providers information concerning diagnosis, planned course of treatment, alternatives, risks and prognosis (Showalter 2008).” It seemed that Nurse Nancy was going to administer the extra dose of a narcotic without Mrs. Jones even knowing it. The scenario does not state that Mrs. Jones was going to be aware of the extra dose that could potentially end her life. This would mean that Mrs. Jones’ patient bill of rights was violated because she was not informed on the planned course of treatment being doubled which could result in the end of her life. Another patient bill of rights that applies to this case is “the right to refuse treatment, except as otherwise provided by law (http://www.aha.org/default.html).” This right is being violated because Mrs. Jones...
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...Explain how the patient Bill of Rights applies to this case: According to [ (The American Cancer Society) ], the patient bill of rights seeks “to help patients feel more confident in the US health care system. The Bill of Rights: assures that the health care system is fair and it works to meet patients' needs, gives patients a way to address any problems they may have, encourage patients to take an active role in staying or getting healthy, stress the importance of a strong relationship between patients and their health care providers, to stress the key role patients play in staying healthy by laying out rights and responsibilities for all patients and health care providers.” The essential goal is to let patients know the treatment options proposed by the medical professional tending to them so that the patient can consent to treatment that they feel is right for them. Under the bill of rights, patients the right to talk privately with health care providers and to have your health care information protected. According to [ (The AGS Foundation for Health in Aging) ], “Except under extraordinary circumstances, you have the legal right to make decisions about your body and your medical care. Ideally, these decisions should be made by capable, informed patients after discussion with their physicians and other health care providers.” Identify and explain at least three ethical considerations: The ethical considerations are that the Nurse Nancy is taking it upon herself to give...
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...article. A while ranges of research methodologies were used. The research used limited subjects which to me in some ways show that there is more in the particular are that needs to be studied. Role of Literature review in this research article The role of literature review in this research is justifying the proposed research activity. The literature review indicates how the project will be different from the one that has been published. The literature review also develops case argument for this proposed study based on the literature that has been reviewed. For example, in this article, the literature review states that patient participation and consumerism in health care decisions that occurred together with the growth in outcomes of care in the last three decades of the 2oth century set the stage for the development of measures that are patient based. These measures were for general breast cancer related issues. The literature also presents the results of Ware et al that presented results that validated a self report of a patient’s measure of general status from a health insurance experiment. This literature review analyses what has been written by other scholars about the subject and critiques it. Also, it identifies a research need, gap or problem that other literature has not solved and seeks ways of solving it. For example, this literature review reports that, despite recent development of quality of...
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