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.
Intentional Tort M230/HSC2641 October 20, 2013 Robert Feightner Intentional Tort Intentional tort is a deliberate or premeditated injury that is inflicted on one person by another individual. It can be separated into six categories, which are assault, battery, false imprisonment, defamation of character, fraud, and invasion of privacy. A person who is suffering from those injuries whether it is mental or physical injuries can file for a tort case, which may result in monetary damages. However, the plaintiff must demonstrate that the defendant owed the plaintiff duty of care, caused their injuries, to include, failed to provide proper standard of care (Pearson Education, 2010). An example of intentional tort under the category battery
Discuss the following a. Qui tam is known as whistleblower suits. In qui tam action a relator with personal knowledge of a fraud brings the suit against a defendant of behalf of the government. The knowledge with which the relator brings a qui tam action must be public knowledge but information that would not otherwise be available without the qui tam suit. b. HIPAA Privacy rule is the Health Insurance Portability and Accountability Act of 1996. HIPAA was enacted to improve the Medicare and Medicaid programs and the efficiency and effectiveness of the healthcare system by encouraging the development of a health information system through the establishment of standards and requirements for the electronics transmission of certain health information.
One week later, on a Friday afternoon (I seem to lose the brain/mouth filter, as the week progresses), I had a mother and daughter come in for an exam. The mother pulled me aside, and told me that her daughter just started to have sex, and she wanted me to
The hospital’s negligence allowed for enough unsupervised time for the rape to happen, which leads to long term suffering by Harris including, substantial emotional distress, depression, and acute post-traumatic stress disorder (Biotech Law LSU.edu,
You cannot leave a mentally ill person the way they are because they might hurt themselves or harm others. There a defendants with mental illnesses. There are defendants who lack the mental ability to know what is right from what is wrong. “The insanity defense should be used for those who really had little or no control over their actions because they couldn't live up to acceptable behavior standards (Criminal Law Process, 1).” As stated before, people who have serious mental illnesses need all the help they can get. We cannot blame them from not knowing what is wrong from what is right.
What intentional torts do you think the nursing aides committed? Please give a definition for each intentional tort that you choose with an explanation of why you chose that tort. The intentional torts made by the aides are assault and battery, defamation of character, and invasion of privacy. These aides committed assault and battery by physically abusing these elderly patients. By verbally abusing and talking down to these patients they are committing the intentional tort of defaming character.
“Thou Shalt Not Kill” is one of the most well known commandments, and in some cases, most controversial. Assisted suicide is a prime example of one of these controversies. Physician assisted suicide, also referred to as Physician Aid in Dying (PAD), is a practice whereby a physician prescribes a lethal drug dose to a capable terminally-ill patient, upon the patient’s request, with the knowledge that the patient intends to use it to end his or her life. The dose must be self-administered. While generally seen as unbiblical, as well as immoral, this practice has recently become more condoned.
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.
The person who is accused must have committed an act of omission or commission; this act must have been in breach of the person’s duty; and this must have caused harm to the injured person. The complainant must prove the allegation against the doctor by citing the best evidence available in medical science and by presenting expert opinion. In some situations the complainant can invoke the principle of res ispa loquitur or “the thing speaks for itself”. In certain circumstances no proof of negligence is required beyond the accident itself. The National Consumer Disputes Redressal Commission applied this principle in Dr Janak Kantimathi Nathan vs Murlidhar Eknath Masane.