LEGAL ASPECTS OF HEALTH CARE MANAGEMENT: HEALTH CARE LAW ASSIGNMENT
Instructions: This examination is open-book, open-notes. From the list of items below, you MUST respond to item number two and to ANY OTHER TWO items. Please do not reply to more than 3 items! Please prepare a well reasoned, thoughtful and well-crafted response of not to exceed approximately 250-300 words per item. For best results, concentrate on key themes and major issues. Good luck!
DUE DATE IS FIRM!!
- “The doctrine of informed consent is a solemn contract between the patient and physician, that is, liability is predicated upon the failure of the health care provider to undertake successful treatment and meet a negotiated outcome.” Accept or reject this statement with specific examples in support.
- “Hospital governing boards, while nominally ‘in charge’ (but composed as they often are of unpaid, lay, volunteer members with limited relevant expertise) are free under the law to delegate policy-making and key decision-making powers to the trained, professional hospital chief executive officer who, in turn, is legally accountable for the quality of patient care within the facility. This explains why the administrator is really at the center of hospital operations and is responsible directly for the medical staff’s performance within the facility.” Accept or reject this statement with specific authority.
- “Medical staff privileges in a private hospital are a right open to any licensed, board-certified physician, subject, however, to the approval of the administrator and the hospital medical chief of staff. Historically, the courts are often employed to uphold and ensure this right to obtain privileges.” Accept or reject with specific examples in support.
- What is meant by the term “standard of care” in the context of medical liability? Provider examples as to the application of this legal term. How is this standard determined and defined in the health care field? Are you satisfied that it protects both patients and health care providers or neither and why so?
- Compare and contrast, if need be, the legal duties of publicly owned and privately owned hospitals to maintain emergency medical services and treat and/or admit such patients. How do these legal standards change, if at all, towards so-called non-emergency patients seeking treatment at these facilities?
- How is the doctrine of “respondeat superior” and vicariously liability used by health care facilities to impact the behavior, quality and performance of “independent contractor” medical staff members at such facilities? Contrast with any applicable legal standards applicable to salaried members of the medical staff. What is meant by “hospital corporate liability?”
- “Patient self-determination and autonomy are under the law ancillary and derivative from the well-articulated right of privacy. Under this well established right, procreative freedom, the right to refuse any medical care no matter how beneficial, the right to terminate one’s life and legal immunity for doctors supporting or implementing such patient desires are all set out with clarity.” Accept or reject with specific examples.
|Due By (Pacific Time)
||11/02/2013 12:00 pm