Describe how common law has influenced the development of health care in the 21st century. Provide specific examples, and explain some of the common law principles.
1.Describe how common law has influenced the development of health care in the 21st century. Provide specific examples, and explain some of the common law principles.
Your response must be at least 200 words in length.
2. Explain the U.S. federal court system, and provide examples of the types of legal claims within the field of health care over which each court has jurisdiction.
Your response must be at least 200 words in length.
3. Describe and provide examples of the sources of law in this country. How do they affect health care?
Your response must be at least 500 words in length.
MHA5101 Legal Foundation of Health Care
Unit 2 Assignment
Ethical Dilemma/Memo
There are three candidates waiting for a kidney transplant:
John, Jr., a 17-year-old boy with a history of medical conditions;
Mary, a 40-year-old woman with a history of opiate addiction; and George, a 57-year-old former smoker.
John, Jr. is the son of a famous, now retired athlete who has offered to donate five million dollars to the hospital if his son receives the kidney. Mary is a mother of three children who has been successfully in recovery from her addiction for the past 5 years. She has shown no signs of potential relapse. The last candidate, George, is a construction worker who has not smoked in over 10 years. He has had lasting complications from the smoking but is in good health and eligible for the transplant.
You are the deciding vote on the ethics committee of your hospital. Draft a memo that addresses the positive and negative elements of each candidate, and explain how those elements played a role in your decision. Apply the ethical theories you encountered in the textbook. You will need to indicate why you selected the candidate you did and why you did not select the others. Include any specific nonmedical characteristics about each candidate that influenced your decision.
Make sure you are applying ethical theories and reasoning and can ethically and legally justify your answer. You can provide some opinion in your answer; however, the majority of your response must be based upon facts and ethical arguments. Your memo should consist of at least 500 words.
Microsoft Word contains several memo templates that you can use for this assignment. Also, several templates for memos can be found online using your favorite search engine.
MHA5101 Legal Foundation of Health Care
Unit 3 Assignment
For this assignment, you will be creating three scenarios of your own that are similar to the ones discussed in the unit lesson. These scenarios can be made up, real stories, or a combination of the two. Each scenario should consist of at least 200 words and should properly reflect the material discussed within this unit.
Your first scenario should apply the elements of negligence and professional negligence (malpractice) to a patient claim against a healthcare provider. In other words, your scenario should describe a situation in which a healthcare provider was negligent or committed malpractice against a patient. Be sure to properly detail the event and how it was resolved.
Your second scenario should describe an intentional tort that was committed within the healthcare environment. Also, the scenario should explain a legal remedy that the victim of the intentional tort could pursue. Your third scenario should describe an instance in which a patient’s rights may have been violated by a healthcare provider. Also, the scenario should explain the responsibility that healthcare providers have to protect their patients from harm.
Please include all three scenarios within one document and submit it through SafeAssign within the assignment area in Blackboard. APA references are not necessary for this assignment.
MHA5101 Legal Foundation of Health Care
Unit 4 Assignment
Imagine that you are the administrator of a city hospital and you have been asked by your hospital’s legal counsel to prepare a presentation for your hospital’s medical team that discusses negligence in the healthcare environment. Create a presentation consisting of at least 10 slides, not including your title slide and references slide, that covers the following issues: potential legal risks that physicians, nurses, and other healthcare professionals may encounter in the workplace and MHA 5101, Legal Foundations of Health Care 2 methods physicians, nurses, and other healthcare professionals can use to ensure that no claims of negligence can be filed against them. In other words, explain what they can do to ensure that the environment is safe for their patients and themselves so that no becomes injured or is harmed. Be sure that all sources used, including your textbook, are cited and referenced properly using APA formatting.
MHA5101 Legal Foundation of Health Care
Unit 5 Assignment
Consider the following scenario.
A patient was being admitted to the emergency room (ER) for dizziness. He also had a dry mouth and blurry vision. The doctor treating him stated that he was exhibiting symptoms of diabetes. The bloodwork and other preliminary tests confirmed the diagnosis of prediabetes. After the patient was stabilized and conscious, the doctor gave him discharge instructions. The doctor told the patient that the patient could control his condition and avoid developing diabetes and the need for medication if the patient reformed his diet. The doctor prescribed nutritional counseling and follow-up visits with the patient’s primary physician. The patient asked for medication instead, and the doctor told him that lifestyle changes would resolve the issues and diabetes could be prevented without the need for medication. The patient goes home and decides that he does not want to make a lifestyle change and would rather just wait until he needs the medication because it will be easier. He ignores the doctor’s instructions and forgets all about them. After several months, he starts to have numbness in his toes, but since it does not hurt, he ignores it.
Eventually, he starts to have the same symptoms he had before in addition to the numbness. He faints at home and is rushed to the emergency room. A different doctor treats him and assesses his situation. He is diagnosed with Type 2 diabetes. He nowhas permanent nerve damage in his foot and is prescribed a very expensive medicine he will probably be on for the rest of his life.
Since his last ER visit, he has lost his job and only has the minimum of health insurance that does not cover the medication. The patient sues the first ER doctor for negligence. He claims the doctor did not clearly explain the risks and should have put him on medicine right away like he asked. For this case study assignment, you will compose an essay response of at least two pages in which you explain the following issues:
the rights and responsibilities of both the patient and the physician in a situation involving informed consent,
the arguments the patient in this scenario could use to justify bringing a negligence lawsuit against the first ER physician,
the steps the patient in this case would follow in order to file a negligence lawsuit involving informed consent against the first ER physician, and how the physician could defend himself against a negligence lawsuit.
In order to respond to this case study, you will need to research at least two legal cases that demonstrate the physician’s defense you have proposed. Briefly explain the issues of the two cases you cite, and describe the outcomes. How do they relate to the above scenario? Do you agree with the court’s decisions in the two cases? Why, or why not?
Be sure to use proper APA formatting, citations, and references in your response to this assignment.
MHA5101 Legal Foundation of Health Care
Unit 6 Assignment
We have discussed privacy and patient rights at length. Consider the following scenario.
A celebrity patient is admitted to the hospital. Your friend Jennifer is a nurse on the floor where the male celebrity patient is staying. All of the nurses are going out of their way to work on that floor. The patient’s records and privacy must be treated like those of any other patient. The hospital has strict protocol, and only the nurses and staff involved in his care and treatment are permitted to work that floor and interact with that patient.
Jennifer has always been a big fan of the celebrity. The next time she is working her shift, she takes him his dinner. When she enters the room, he is sleeping. He is hooked up to an IV and standard monitoring machines. He is also bandaged due to his wounds from a car accident. He looks pretty beat up but is recovering nicely. Jennifer decides to take a picture with her personal cell phone that she snuck in. This is for her personal use. She does not intend to sell, post, or distribute the picture in any way. After she takes the picture, she heads back to the nurses’ station, and she and the other nurses gather around the computer. She glimpses what looks like the celebrity’s medical records, but she is not sure. She does know that some of those nurses do not work on her floor and are not, therefore, authorized to viewthe records. She also remembers there was a note on the celebrity’s chart about an error on the medical history, but she knew the day shift would address it. She wraps up her shift and heads home.
She decides to stop at her local diner and have a late night coffee and snack. When she walks in, she sees the local diner is packed with entertainment reporters hanging out to get the scoop on the celebrity’s condition. She giggles to herself as she quietly drinks her coffee since she is involved in treating him, and no one there knows.
She pays for her coffee and snack and leaves the diner. The next day, she is getting ready for her noon shift and turns on the television. She is startled to see an update on the news about the celebrity and HER cell phone picture splashed on the TV. There are also private details about his injuries and medical records in the news story. When she goes to grab her phone from her purse, her stomach sinks when she finds her phone is gone. She must have left it at the diner by accident, and someone there picked it up and distributed her private photo. MHA 5101, Legal Foundations of Health Care 3
When she goes to work, the hospital administrator is outraged and threatening to fire anyone involved in this violation. A full investigation is launched. The celebrity is discharged within a week, and Jennifer thinks this horrible incident is behind her. The next month, she receives a summons for a lawsuit. The celebrity is suing her for distribution of the picture. The image was traced back to her cell phone, and he is alleging her photo of him while incapacitated has damaged his career because his attractive appearance is a large part of his brand. He is also suing her for defamation since the medical information given to the public was false. Jennifer is panic-stricken.
She goes into work to try to get her life back to normal and is immediately escorted to the administrator’s office. She is told she is fired for violating the hospital’s patient privacy regulations and the federal Health Insurance Portability and Accountability Act law. She is told that since she violated policy by distributing private medical details of a patient to the public, the hospital will not defend her in any civil lawsuit. Jennifer instantly tries to explain she had nothing to do with the leaking of information or distributing the photo, but the administrator will not listen. She is escorted out of the building.
In this assignment, you will describe the following issues:
the legal obligation healthcare providers have to protect private health information and to maintain accurate medical records including information regarding the purpose of maintaining correct information within medical records and who is charged with ownership of medical records, the celebrity patient’s legal argument surrounding the release of his private health information and the inaccuracy of the information released, and a legal defense of Jennifer, who is being accused of mismanaging health information. Your defense should be based on legal theory and not just your opinion or feeling.
In order to respond to this case study, you will need to research at least two legal cases that demonstrate both the patient’s and the provider’s privacy rights and obligations regarding medical records and private health information. Briefly explain the issues of the two cases you cite, and describe their outcomes. How do the cases relate to the above scenario? Do you agree with the court’s decisions in the two cases? Why, or why not?
Your response should consist of at least two pages. Be sure to use proper APA formatting, citations, and references in your response to this assignment. You must use at least three outside sources as references for this assignment, and at least one of your sources must come from the CSU Online Library. The Health and Medical Collection database is a great place to begin your search.
MHA5101 Legal Foundation of Health Care
Unit 8 Assignment
For this assignment, you will be exploring the reasons why the Patient Protection and Affordable Care Act of 2010 (PPACA) was created and the ramifications that it has had on the healthcare system within the United States. You will also define managed care and describe its role within the U.S. healthcare system. Following your introduction, you will outline the reasons why the PPACA was created and summarize its features. You will determine whether or not you believe the PPACA has improved the U.S. healthcare system. You will then present arguments supporting your assertion in the following two areas:
whether or not the PPACA has improved overall healthcare costs in the United States, and
whether or not the PPACA has led to an increase in the practicing of defensive medicine within U.S. healthcare programs. Helpful hint: You are highly encouraged to use real-life examples to help prove your points.
After you have successfully proven your side of the PPACA argument, you will define managed care and describe the various models of managed care in existence today. Then, you will discuss the role that managed care plays in the U.S. healthcare system.
This assignment will consist of at least three pages, and you will be required to utilize proper APA formatting for your assignment including proper citations and references for at least three sources, one of which can include your textbook (the others should come from the CSU Online Library
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