Itzaura Lopez Assignment 2 HS 101.1: Discuss the implications of legal and ethical standars for health care professionals. Unit outcomes address in this Assignment: . Identify various sources of law in the united states and how they affect health care professionals. 1- Commond law is set by the juicial branch. 2- Administrative law that pertains to health care provider is the controlled Substances Act.
The distinctions between errors, negligent errors and gross negligence have much in common with this quip. Negligence Legally, the term “negligence,” as it pertains to medical providers, means “the failure to exercise the degree of care that a careful or prudent practitioner would have exercised under like circumstances” (Harris, Richards, & Fincham, 2006, p.1377). Negligence could be either an action or a failure to act when necessary to prevent harm to the patient (Harris et al., 2006). Most malpractice suits involve ordinary negligence. The decision is usually made by a jury, based on the facts provided (Harris et al., 2006).
This requires specific intention, which shows that the D must have been culpable voluntarily. Regarding its role in civil law, it is essential to prove fault in some areas, but not in others. For example proving fault is crucial for a successful claim in negligence. Here, fault is tested in breach, which states that D is at fault if they do not act like the ordinary, sensible individual. For example, the defendant in Paris V Stepney BC was at fault by failing to provide protective goggles when the ordinary, prudent employer would have.
Negligence equate with carelessness, a deviation from the standard of care that a reasonable person would use in a particular set of circumstances (Guido, 2010). Malpractice is a more specific term that addresses a professional standard of care as well as the professional status of the caregiver; Professional misconduct, unreasonable lack of skill or fidelity in professional or judiciary duties (Guido, 2010). Gross negligence is an act or omission which when viewed objectively from the standpoint of the person at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harms to others ("Malice/gross Negligence", 2006). The neighborhood newspaper is referring to the incident as negligence, however because this error was made by professionals its malpractice. The medical professionals who were involved in this surgery all participated in professional misconduct.
This is an important aspect for physicians to understand because medical misconduct may prove to be detrimental to their career. Identifying the civil complaint process for patients or consumers used in the event of suspected professional misconduct or incompetence provides a clear understanding of how the consumer files a complaint of a physician. Explaining the role of the respective regulatory agency in investigation of allegations, determining, and applying any appropriate disciplinary action present an explanation of how misconducts are held accountable in the health care industry. Identification of potential criminal liabilities for physicians related to abuses perpetrated in practices involving these issues as well as misconduct emphasize why physicians must treat patients adequately in the proper manner. The appropriate risk management strategies and quality assurance programs that offer in reducing the risk of liability and negligence are of value to many organizations.
Keshia Warnken Case Project Professor Howard Hammer Case Project Part One- Table Part Two Theories Negligence/Hospital Negligence Negligence is a tort. “Tort” means a legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another (Ind. Ann. Code $ 34-18-2-28).Negligence is defined as a failure to exercise that degree of care that a person of ordinary prudence would exercise under like circumstances; or as conduct that creates an undue risk of harm to others; the negligence theory of liability protects interests related to safety or freedom from physical harm(21 Ind. Law Encyc.
To initiate the promotion of electronic health records (EHRs), the federal government has spent close to $30 billion (Dhopeshwarker et al. 2012). This makes a physician or an organization use a HIE to look up patient information. However, before a physician can look this information up he or she must get consent from the patient. Studies show that American consumers support the use of HIE and that this may lead to better health care still are concerned with his or her privacy and security of his or her health data (Dhopeshwarker et al.
It is the responsibility of all health care employees’ to take care of patients. Management and leadership have to be careful with confidentiality, this one of the important ethical issues in the medical field. Confidentiality is protecting patient’s information which is private and personal, and the conversation between doctor and patient. Management need to make sure patient health information is secure and the conversation between patient and doctor is safeguarded. For most hospitals manage, leaders, doctors, nurses are concerned about communicable diseases from patients, especially if the medical staff cannot obtain medical records.
In the case Compassion in Dying v. Washington, the ninth US Circuit Court of Appeals held that individuals have a right to choose how and when they die (physician 3). Many surveys of patient and members of the general public find that majority of citizens believe that physician assisted suicide is ethical in certain cases, definitely involving terminally ill patients (physician 4). Many look at the issue as a government issues but I think it’s more of a patient issue. Dr. R. Peter Rasmussen believes, “morality does enter into this whole arena but it’s the patient’s morality, not the federal government’s morality” (Oregon 3). If a terminally ill patient believes that this is what is best for them, then it
Medicare reimbursed hospitals an added three hundred thousand dollars annually, or three tenth percent of annual Medicare hospital spending, for five kinds of adverse events. IOM has identified six aims for quality improvement in healthcare including: Safe – Eliminating injuries to patients from care that is intended to help them. Effective – Providing services based on scientific knowledge to all who benefit and refraining from providing services to those unlikely to benefit. Patient Centered – Ensuring care that’s respectful of and responsive to individual patient preferences, needs, and values and ensuring that patient values guide clinical decisions.