When the patient is a member of a MCO and the physician has signed a contract with the MCO that has a clause that says, “For quality care purposes, the MCO has a right to access the medical records of their patients, and for utilization management purposes” The MCO has a right to audit those patients’ financial records. b. Communicable diseases that are highly contagious or infectious state health agencies require providers to report them. c. When a medical device breaks or malfunctions the FDA requires to notified d. When a patient is a suspect in criminal investigation to assist locating a missing person, material witness, or suspect police can request certain information. e. When records are subpoenaed are there is a search warrant, courts can order the release of patient information. f. When the patient is suing someone and wants to protect themselves.
Disclosure of erros; quality improvement activities, the practice of defensive medicine; dealing with patients who wish to leave against medical advice; provision of fetilecase at the insistence of patients or families; and the various protections of Good Samariatan Laws are just a few of these. In addition, the ethical principles governing the condect of physicians serving as expert witnesses in medical malpractice cases have become a subject of interest in recent years. Case study: Good Samaritan Home 1- Define Civil and Criminal law. Could these case facts give rise to a criminal case, a civil case or both? Explain your answer.
Issue: Did the physicians working at the clinic have apparent authority to act for the hospital? Decision: Yes, the state court decided that they were apparent agents, so ruled in favor of the plaintiff. Rule: Apparent agency can be implied when a principal by his acts has led others to believe that he has conferred authority upon an agent. Reasoning: Liability for an act of apparent agency rests on the doctrine of estoppel. A person must believe in an agent’s authority.
Ideally, a good care system for patients includes medical professionals as well as friends and family to compliment each other in providing for patient needs. Because patients require care from medical professions in hospitals, there are provisions that the hospital must follow. “Compliance means conforming to a rule, such as a specification, policy, standard or law. Regulatory compliance describes the goal that corporations or public agencies aspire to in their efforts to ensure that personnel are aware of and take steps to comply with relevant laws and regulations (Compliance and Regulatory Compliance, 2013)”. For this reason there are terms of compliance that hospitals must adhere to.
Negligence in the Phlebotomy Field Health Rights and Responsibilities 320 Negligence in the Phlebotomy Field Professional Liability and Negligence is found in many allied health professions. There are various situations in which negligence is used in the phlebotomy field. Professional liability is being legally responsible for actions, and guarantees “the standard of care”. Phlebotomist is medical professionals who work with patients in hospitals, blood banks and other medical setups. The phlebotomist is trained and educated in the proficiency of Proper Blood Technique Collection.
Hall v. Hilbun Betty Ford Rasmussen College Author Note This paper is being submitted on May 14, 2014, for Ann Nevers M230 Medical Law and Ethics Course. Hall v. Hilbun As a healthcare professional it is our duty to provide your patient with the best possible care. Standard of care means that the professional must exercise the type of care that a reasonable person would use in a similar circumstance (Fremgen, 2012, p.39). In the case Hall v. Hilbun, you are able to see the 4 Ds of negligence and how it can impact a patient and how it can be prevented. Dr. Glyn Hilbun, a general surgeon, examined patient Terry Hall who was complaining of abdominal pain.
BSBMED305B – APPLY THE PRINCIPLES OF CONFIDENTIALITY, PRIVACY AND SECURITY WITHIN THE MEDICAL ENVIRONMENT. CONFIDENTIALITY, PRIVACY AND SECURITY ISSUES THAT RELATE TO THE MANAGEMENT OF PATIENT RECORDS. Medical practitioners and health care workers have a legal and ethical duty to maintain medical records in accordance with clinical practice standards and state and federal laws, including the AMA Code of ethics. It is important to apply procedures to ensure currency and accuracy because inaccurate or poorly maintained record-keeping systems and procedures will lead to wrong decisions and mistakes which can be dangerous to patients and costly to the practice. Records should be checked regularly for accuracy, reliability and consistency.
This is done when they are able to grasp the business affairs that the corporation deals with. Each organization must exercise their power of sight in ethics in many different ways. An organization may not be able to notice that by making some offerings of a few dollars in purchasing new health care equipment and a special supply of medicine that a patient needs is worth sacrificing the ethics and cuts the patient process. There are also some organizations that may find ways not to buy the equipment and supply
Identify & explain the elements of proof necessary for a plaintiff to prove a negligence case. “Four elements are essential to prove negligence: (1) a duty of care, (2) breach of that duty, (3) injury, and (4) causation” (Showalter, 2008, p. 47). The duty of care establishes the necessary link between the defendant and the plaintiff under the offense of negligence (Fitzgerald, 2011). The legal expectation of a duty of care is that the physician will provide care consistent with the level of training, skill, and competence of a physician in the same or similar circumstance. Thus an ophthalmologist is expected to act in accordance with the standards of practice and care of other similarly situated ophthalmologists.
The OIG has a set of compliance guidelines that are specific for healthcare entities. HMO elements include standard policies for appeals, ability to accept oral complaints and oral appeals, reviews by qualified medical professionals, expedited review of appeals for medical crises, and a specified resolution time period for complaints. Omachonu & Johnson (1993) found the following: The HMO assumes a contractual responsibility to provide or assure the delivery of a stated range of health services, including at least ambulatory care and inpatient hospital services. The HMO assumes responsibility for any poor quality service delivered by its provider organizations such as hospitals, eye clinics, labs, and doctors' offices. Performance elements of HMO plans include price, benefits and service delivery.