Explore BrainMass

Explore BrainMass

    Legal Issues in Health Care

    Health care providers must be mindful of their legal obligations, such as in regards to admission, treatment and health records, in order to respond appropriately to clients’ rights and empower them to take control over their health care decisions. There are a wide range of regulatory strategies that can be used to ensure society’s health and safety. The aim is to use incentives before sanctions. When those being regulated do not respond accordingly, serious legal implications can be invoked.

    There are five main categories of strategies used:

    1. Voluntarism: an individual organization complies voluntarily without coercion.
    2. Economic instruments: supplying funding or incentives for health care providers
    3. Self-regulation: for example, a group regulates the behaviour of its members through a code of practice
    4. Command and control mechanisms: involves enforcement by the government
    5. Meta-regulation: involves an external regulatory body that ensures that health care providers implement safety, quality practices and programs

    Two basic healthcare torts exist in the United States. Torts are wrongdoings that happen to individuals regardless of whether there is a contract in place. The first tort is negligence, which is an unintentional act, or lack of an act, which could harm the health of a patient. For example, if a provider doesn’t give appropriate care and a patient’s health is harmed. The second tort is an intentional tort, such as assault, battery and invasion of privacy (for example, violation of a patient’s health records). 

     

    Image Credit: Wikimedia Commons

    © BrainMass Inc. brainmass.com March 29, 2024, 12:46 am ad1c9bdddf

    BrainMass Solutions Available for Instant Download

    Immorality, and evidence-based medical practice and culture

    Is it immoral or insensitive to set evidence-based medical practice over other cultural medical beliefs? Fadiman compares the Hmong to a visual perception puzzle (p.237). Do you agree or disagree with her metaphor? Explain your reasoning.

    Analyze a Case in: Assisted Suicide (Bouvia v. Superior Court)

    The topic is ASSISTED SUICIDE - a health care issue with controversial ethical and legal implications that was at the center of a high visibility case in the public domain. (There is no time frame during which the case must have occurred; however, the case must be analyzed in the context of laws and policies that existed at t

    Medical and ACA

    Last night, I got an email from Medscape (I get these regularly) entitled the "Congress sends ACA repeal to President, who Promises Veto". It seems both the House and the Senate have started working on repealing the act, cutting the spending budget to strengthen the nation, and will address a new health care reform (this is th

    Ethical Scenarios

    Review the following scenarios. Scenario 1: Medical coding in a physician practice Imagine you work in a high-pressure cardiology physician office and you are one of two medical coders. Your supervisor is very focused on the greatest reimbursement to satisfy revenue projections for the physician practice. As a result, yo

    Ethical Decision Making Solution

    Write a 350- to 700-word summary. Include the following in your summary: Discuss an event in which you had to make an ethical decision. Identify at least two ethical theories that support your decision. Discuss the problem-solving methodologies you used to resolve the issue. Identify how ethical theories impact professional

    The Intent of Regulatory Organizations

    we learned that providing quality care is not just good ethics, it is good business. However, quality in healthcare cannot be assumed. It requires that an organization comply with both the mandates and the intent of regulatory organizations. Visit one of the following websites: www.jointcommission.org, www.aha.org, and www.ncqa.

    Autonomy and Informed Consent.

    Informed consent is the communication process involving a health care provider and a patient. In this process, both parties have the opportunity to ask questions and exchange relevant information related to the diagnosis and treatment of the patient. Informed consent can be used in clinical practice or clinical research. However

    Allied Professionals

    Allied health professionals are health care practitioners with formal education and clinical training who are credentialed through certification, registration, and/or licensure. They collaborate with physicians and other members of the health care team to deliver high-quality patient care services for the identification, prevent

    Corporate negligence

    The corporation owes the general public and its patients certain duties. These duties are derived from statutes, regulations, principles of laws, and the organization's own policies and procedures. When it comes to carrying out these duties, the organization is no different from an individual and can be held accountable. When an

    Accountability for Medical Malpractice

    When a medical accident or malpractice occurs, the patient and/or family need to gather information related to the accident. Legal rights for the patient, as well as the actual liability associated with the health care worker and the health care facility may be different depending on whether the concept of "apparent agency" or "

    Economic development parameters between the USA and Canada

    Using the South University online library, the Internet, and the data from the Organization for Economic Cooperation and Development (OECD), research comparative international work and compare the United States and Canada with respect to which country is more effective in the areas of (1) economic growth; (2) expenditure (public

    Legal and Ethical Issues of Patient Selection in Hospitals

    My Objective: Analyze the trends in the U.S. healthcare system and potential implications from both the patient and provider perspective. As the compliance officer of a large multispecialty health care organization located in the Southeastern United States, my organization is privately held and is located in a large metropo

    Organ transplant and donation

    Choose a health care issue with controversial ethical and legal implications. Complete the following: - Write a paper that analyzes the ethical issues from each end of the ethical spectrum (ultraconservative to ultraliberal). - Identify at least 3 laws (federal or state) that influence provider or administrator behavio

    Assessing the Patient Protection and Affordable Care Act

    Choose a federal or state health care law that deals with patient rights that has been enacted within the last 5 years. Complete the following: - Examine the situations or concerns that brought attention to the issues addressed by the law. - Describe the process of passing this health care law from conception through signing

    Difference between privacy, and confidentiality

    All tasks performed by Health Information Professionals are governed by laws. These laws can be state or federal. Before we become involved in these specific laws, explain what is meant by law and how laws affect how the HIM professional manages privacy and confidentiality. Please be as specific as possible. Use examples as

    Healtcare Costs in the US

    Growth in national health spending closely tracked growth in nominal gross domestic product (GDP) in 2010 and 2011, and health spending as a share of GDP remained stable from 2009 through 2011, at 17.9 percent (Micah et al., 2011). Based on the above information, answer the following questions: Define the economic principl

    Policy Making Process

    Identify the differences in the policy making process when we compare the policies from Medicaid and Medicare? Consider that Medicare is a federal program that is 100% financed by the federal government and Medicaid is a shared financial responsibility between federal and states governments?

    Ethics and the Job Applicant Selection Process

    Need help with a healthcare class on legal and ethical topics. You are the supervisor and have 1 position open for a floor registered nurse (RN). You have two final candidates who are both registered, licensed, have 5-7 years of experience, have great recommendations, and either would be a competent choice. Include the follo

    Federal Regulatory Compliance

    Select one of the laws from (HIPPA, EMTALA, Anti-Kickback or Stark) and identify one aspect of the law that you believe would be relatively simple for a provider to comply with and one aspect of the law that might be challenging for a provider to comply with. Support your position with reasons why you believe the aspect of the

    Fair Labor Standards Act - Significance in Healthcare

    Fair Labor Standards Act Explain the key provisions for the Fair Labor Standards Act and its significance to a healthcare manager or administrator. How could this law help me to achieve compliance in my own healthcare facility?

    Wrongful Birth

    Can you please explain the concept of "wrongful birth" and present the key legal/ethical issues which accompany it.

    An Analysis of the Affordable Care Act

    In 2010, the Affordable Care Act was approved by Congress and will be phased in over several years. However, the argument remains as to the law's appropriateness in a democratic nation such as the United States. In a substantial post, you will examine whether the ACA is or is not an appropriate law for the United States. Yo

    CEO Liability

    Many states have passed laws that limit the liability of individual directors of corporations. As more directors have been personally sued, it became increasingly difficult to find people to serve. To what extent do you believe directors should be held accountable and how should this accountability be maintained? Are there any s

    Long Term Health Care Facilities and Elderly Abuse Complaints

    Question #1 Submit an exercise for all employees regarding abuse and neglect. The exercise/test should differentiate the differences. Explain all components, including how the abuse is reported to the proper agency in New York State. Question #2 Submit an actual fire drill log, which verifies compliance with fire safety co

    Healthy Policy - Gun Control - Expanding Gun Laws

    In memo format, inform a member of your Congress on the issue of gun control: background checks to sales at gun shows, in-state transactions made over the Internet, and other commercially advertised sales. Discuss issues such as the importance of the health policy, the stakeholders involved, and a cost-benefit analysis. End with

    Health care profession's legal and moral stance

    Part 1: Research to find the laws and regulations which apply to life the end of life; Part II: How your stand on the topic of decisions at the end of life as an health care provider could create challenges in the health care setting. Discuss what the health care profession's legal and moral stance should be and why. Exp

    Human Resource Issues in Healthcare

    Hi, I need assistance in selecting a topic on a healthcare human resource issue (thus there must be some sort of controversy). Researching a general HR issue is not acceptable. The issue must be an HR issue in healthcare. I need to research the literature, analyze the alternatives, and present a conclusion (take a stand). Poten