Share
Explore BrainMass

Legal Foundations of Healthcare

1.
Describe in detail the process for obtaining legal informed consent from a patient. Explain specifically what must be covered and documented on the medical record.

2.
How are crimes distinguished from civil wrongs? List and briefly discuss three of the six listed elements of criminal procedure and discuss at least one illustrative case example related to healthcare to illustrate these concepts.

3.
Summarize current anti-trust and restraint of trade laws which have a direct impact on our practices as healthcare administrators. How is our decision-making, as healthcare leaders, impacted by these laws?

4.
What are the unique aspects of the medical staff bylaws as a contract in healthcare? Provide specific examples for your own healthcare organization or one which you hope to lead.

5.
Discuss the basic structure of committees for a typical medical staff organization. What are the responsibilities of each committee?

6.
Describe the legal responsibilities of the hospital governing body, typically known as the board of directors. What personal liability do the individual board members assume for decisions and actions of the board?

7.
Explain the procedures and processes for medical staff privileging. What must be reviewed and verified before granting clinical privileges for a physician at a hospital?

8.
Explain the process and significance of certification and licensure in the allied health professions. Select one allied health profession of special interest to you and describe exactly what a practitioner must do in order to obtain certification and/or licensure in your own state.

Solution Preview

1.
Describe in detail the process for obtaining legal informed consent from a patient. Explain specifically what must be covered and documented on the medical record.

The process that is involved for obtaining legal informed consent from a patients entails ensuring that the patient has the capability or ability to make a decision to give consent, that disclosure information is provided to the patient on the treatment, test, or procedure, including expected benefits and risks as well as the likelihood or probability that benefits or risks will occur, and voluntarily given consent that isn't given under coercion or duress. What must be included in the documentation is the date the consent was given, signed and dated signatures by the patient or patient representative and signatures from the healthcare representative that obtain the participant's consent.

2.
How crimes are distinguished from civil wrongs? List and briefly discuss three of the six listed elements of criminal procedure and discuss at least one illustrative case example related to healthcare to illustrate these concepts.

Crimes are distinguished by the fact that they are considered public wrongs and prosecuted by the government either federal or state. Civil wrongs are distinguished by the fact that they are considered wrongs against an individual. Civil wrongs are filed by the individual and not by the government. Crimes are punishable by imprisonment and/or fines while civil wrongs are resolved by civil and monetary damages awarded. The three elements of crime include Actus Reus, Mens Reus, and Strict liability. Actus Reus is the act or crime itself, mens reus is have a guilty intent or conscience to commit a crime, and strict liability represents the lack of necessity to prove mens reus or negligence on behalf of the party. This is the example for healthcare institutions who face tort litigation and are held responsible for ...

Solution Summary

1129 words on legal issues in healthcare like what constitutes a crime, consent, the impact of trade laws, etc.

$2.19