Legal and Regulatory Environment of Health Care-Case Scenario

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Legal and Regulatory Environment of Health Care

3 Assignments

  1. Case Brief-the Darling Case

Description:

Read the Darling case in Chapter 8 in your textbook.  You will submit a typed brief of the case. The brief should be approximately two pages in length and should follow this outline:

  • Your name
  • Case citation
  • Facts: Summarize the facts in clear, concise, chronological statements and in numerical order. Only the major facts, important to the issues in the case, should be included.
  • Issue: Phrase the issue of the case in the form of one or two brief statements (e.g., the issue is whether or not a woman’s right to privacy allows her to have an abortion).
  • Holding: The court’s conclusion regarding the issue in the case should be phrased in the form of a summary statement.
  • Reason: Students should summarize in numerical steps the reasoning of the court in deciding the case.

 

  1. Role Play Real-life Perspectives

Description:

The following are three real-life situations.  You are going to select ONE of the scenarios and write a role-play, in which you identify and analyze the legal and ethical issues associated with each of the stakeholders (players):

  1. Two nurses complain to the organization’s chief executive officer (CEO) that a doctor has harassed them. They refuse to put their complaint in writing. Roles in this scenario include:
  • CEO
  • Medical Director
  • Doctor
  1. Caregiver refuses to participate in an abortion procedure due to religious beliefs.  It is not certain whether the patient’s health will be compromised without this procedure.  Roles in this scenario include:
  • Caregiver
  • Administrator
  • Patient
  1. Billing department manager encourages billing clerks to improperly code medical claims to overbill federal government payors, like Medicare and Medicaid.  Roles in this scenario include:
  • Clerk
  • Legal Counsel
  • Financial Officer (CFO)

For your analysis, include the following:

  1. Provide a brief summary of the scenario that identifies one potential consequence of the dilemma on the public’s trust or mistrust of the medical professionals and healthcare delivery, in general.
  2. Describe the position of each of the three stakeholders in the scenario you chose.  Be sure that you explain their role and responsibilities from a professional ethics perspective.
  3. Clearly identify and describe a potential Tort (legal claim) or breach of professional responsibility that might be raised in a lawsuit associated with each stakeholder’s actions or inactions, or a claim that might be raised by the stakeholder.  Be sure to provide a brief explanation of why you believe a specific law or policy applies.

 

For example, if there is a breach of contract, briefly explain why you think so. If there is a case of fraud, briefly explain the elements that must be demonstrated, if there specific policy or legal regulation at issue, briefly explain what it is and why it applies.

 

Writing Expectations:

  • Your submission to be two to three pages, double spaced.
  • Proper referencing, grammar and spelling is expected
  • Legal writing is impartial and supported by law.  Avoid first person and be sure to support every position with law, policy or ethics.

 

  1. Final Case Analysis

Description:

 

For this final paper, read the case scenario below and answer each of the questions.  Distinguish any changes in each answer based on the three different outcomes mentioned in the scenario.    For example, for question #6 below, you would describe the damages you would award if the death were the result of overdose, and if it were the result of failure to administer blood, and if it were the result of subdural hematoma.  The length of this paper should not exceed 9 pages and must follow APA writing standards. A template is provided to use for organizing your thoughts and writing the paper. Do not submit the template with your final paper. It is for your own reference.

 

CASE SCENARIO: Following an automobile accident, a 16-year-old boy who had recently escaped from a detention center was brought to the hospital emergency department by ambulance. The patient seemed to be alert and claimed to be suffering withdrawal symptoms from a drug habit. The patient claimed that he participated in a methadone treatment program. The physician administered 40 milligrams of methadone. The patient needed blood but refused it. After being observed in the emergency department for several hours, the patient was placed on a medical-surgical unit for observation. The following morning it was not possible to awaken him, and he was pronounced dead. It was discovered that he had never been an addict or in a methadone treatment program. Rather, the previous night he had been drinking beer and taking Librium. He had not told this to hospital authorities. His estate sued the physician. Consider the possible outcomes if death were the result of (1) overdose, (2) failure to administer blood, or (3) subdural hematoma.

Using the template provided to help you organize and guide your thinking, address the following QUESTIONS [DOCX, 13.1KB] in your APA paper:

 

  1. Are all the elements that are required in a negligence suit present in this case?
  2. What standard of care is required?
  3. How would you argue for the plaintiff? What evidence would you present?
  4. How would you defend the defendant? What are your defense options?
  5. If you were on the jury, what would your finding be, based only on the facts as presented?
  6. If you find the defendant responsible, what damages would you award, and for what reasons?
  7. Consider the possible outcomes if the patient was nota minor.
  8. Summarize your conclusions.

 

**Template:

  1. Are all the elements that are required in a negligence suit present in this case?
Overdose Failure to administer blood Subdural hematoma
     

 

  1. What standard of care is required?
Overdose Failure to administer blood Subdural hematoma
     

 

  1. How would you argue for the plaintiff? What evidence would you present?
Overdose Failure to administer blood Subdural hematoma
     

 

  1. How would you defend the defendant? What are your defense options?
Overdose Failure to administer blood Subdural hematoma
     

 

  1. If you were on the jury, what would your finding be, based only on the facts as presented?
Overdose Failure to administer blood Subdural hematoma
     

 

  1. If you find the defendant responsible, what damages would you award, and for what reasons?
Overdose Failure to administer blood Subdural hematoma
     

 

  1. Consider the possible outcomes if the patient was nota minor.
Overdose Failure to administer blood Subdural hematoma
   

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