Applied Legal Concepts in Healthcare Law

In: Other Topics

Submitted By newwoman1966
Words 1347
Pages 6
Applied Legal Concepts in Healthcare Law

Brewster v. University Hospital This paragraph will include a summary from the case which was obtained from the Healthcare Law Writing Assignment. In December 31, 1987 the Brewster’s had a daughter Emma that was born a week premature. Emma was transported to Children’s Hospital Medical Center the next day when she began showing signs of respiratory distress. She was treated by Dr. Craig Jackson, a neonatologist employed by the University of Washington. Emma suffered from hyperbilirubinemia, or jaundice, caused by elevated levels of bilirubin, a substance that is released into the bloodstream. Jaundice is not uncommon among infants as approximately a third or more of all newborns at the intensive care unit at Children’s hospital have jaundice. Greatly elevated bilirubin levels can result in permanent in brain damage. When Emma was admitted to Children’s Hospital, her serum bilirubin level was 4.2 micrograms per deciliter. It gradually increased to as high as 22.0 mcg/dl on January 7, 1988, then decreased to 5.7 mcg/dl on January 18, 1988. The type of jaundice Emma experience is generally treated with phototherapy. More serious cases are treated with a transfusion of all the blood in the infant’s body, a treatment entailing greater risks including cardiac arrhythmia, bleeding, bacterial infection and the development of air bubbles in the circulatory system. Dr. Martin prescribed phototherapy for Emma, which was unsuccessful, and Emma suffered brain damage. The Brewster’s allegedly were not informed of the risks associated with high bilirubin levels and did not know that Emma’s developmental problems were caused by the high bilirubin levels until almost two years after treatment. (HC Legal Writing Assignment).
Writer’s Opinion if the Jury Should find Dr. Jackson Liable The writer of this paper does feel that the jury…...

Similar Documents

Legal and Ethical Consideration in Healthcare

...Legal and Ethical Consideration in Healthcare A1. Addendum Addendum: Access to Information: Shadow Chart Policies Shadow charts are used to gather information for ancillary department that need to access some of part of a patients file. All informations in shadow charts should be copies and all original records should always remain in the patients primary chart. The patients main chart must contain the most up to date information and be available to any department that may need access to it. To accomplish this ancillary departments use shadow charts that contain copies of any information they may need. Shadow charts should be maintains with the same safety and security as a primary chart and must be kept in locked files with access limited to authorized personnel. A2. Information Technology Staff It is the responsibility of Information Technology (IT) staff to educate the clinical staff on ways to diminish security breaches by securing their workstations when they are not being used. Teaching clinical staff the importance of not sharing passwords and securing stations will greatly help security. The IT staff could use a power point to explain the policy to staff along with the disciplinary policy for violation of company policy or the HIPAA Privacy Act. Criminal Liability Montana Code 41-1-402 states that a minor can consent to treatment if it is an emergency situation and the guardian is......

Words: 1077 - Pages: 5

Legal Concept

...by civilian doctors or obtain medications without paying fees because space was no longer available in military facilities where care and medications were free. We must decide whether the government is bound by those promises. The promises made to the plaintiffs, older Air Force retirees, were within the authority of the Air Force Secretary under 5 U.S.C. § 301 in view of annual congressional appropriations for military medicine, as the plaintiffs assert. At most it authorizes space-available treatment, and not free health insurance for life, we hold that the Air Force Secretary lacked the authority in the 1950s when plaintiffs joined to promise free and full medical care. Further, under long-standing Supreme Court precedent, "common-law rules governing private contracts have no place in the area of military pay," Bell v. United States, 366 U.S. 393, 401, 81 S.Ct. 1230, 6 L.Ed.2d 365 (1961), or pensions and hospital privileges, see Lynch v. United States, 292 U.S. 571, 577, 54 S.Ct. 840, 78 L.Ed. 1434 (1934) (citing United States v. Teller, 107 U.S. 64, 68, 2 S.Ct. 39, 27 L.Ed. 352 (1883) for the proposition that the grant of pensions and such privileges creates no vested right in the recipient and can be withdrawn or redistributed by Congress at any time). Thus military retiree compensation, including free military medical care and government-provided insurance, is controlled exclusively by statute, and so an action for breach of an implied-in-fact contract cannot lie. ...

Words: 1363 - Pages: 6

Legal Healthcare

...Legislative and Legal Systems Competency 730.31 Western Governor’s University Abstract Here I address the needs absent from two health record policies, and specific liabilities of the Montana Code. H.I.M. policy is specific to confidentiality, privacy, accuracy, and accountability. These aspects are highlighted in this exercise. Title of Paper Begin your paper with the introduction. The active voice, rather than passive voice, should be used in your writing. This template is formatted according to APA Style guidelines, with one inch top, bottom, left, and right margins; Times New Roman font in 12 point; double-spaced; aligned flush left; and paragraphs indented 5-7 spaces. The page number appears one inch from the right edge on the first line of each page, excluding the Figures page. Headings Use headings and subheadings to organize the sections of your paper. The first heading level is formatted with initial caps and is centered on the page. Do not start a new page for each heading. Subheading Subheadings are formatted with italics and are aligned flush left. Citations Source material must be documented in the body of the paper by citing the authors and dates of the sources. The full source citation will appear in the list of references that follows the body of the paper. When the names of the authors of a source are part of the formal structure of the sentence, the year of the publication appears in parenthesis following the identification of the......

Words: 687 - Pages: 3

Legislative and Legal Systems in Healthcare

...addendum of a shadow chart policy along with staffing educational requirements in regard to information security. Likewise, the address will recognize the laws and how they shape policy in healthcare. Legislative and Legal Systems As a rule, shadow charts should contain copies of information from a patient’s primary chart. In some cases, the shadow chart may contain original information meant for the patient’s primary records. This causes the patient health record to be incomplete or at least not up to date. The need for seamless and routine reconciliation is clearly present. As with all patient health records, appropriate authorization is critical with shadow charts. Authorizations should be granted to appropriate staff, as well as identical release of information procedure followed by the H.I.M. Department. IT Staff and Security The Information Technology staff is to have entry orientation on information security, followed by documented annual reeducation. Along with all education should be the reminder of the legal and facility ramification of policy violation. Standard security work place practices should be in place to help safeguard patient information. IT security Practices Firewall | Encryption of data | Appropriate staff access | Anti-spyware | Secured workstations | No sharing of passwords | Legal Issues of Privacy In discussion of the Montana Code 41-1-402, it is noted subsections 2a-2d refers to consenting of minors for medical......

Words: 1170 - Pages: 5

Concept of Law

...Concept of law: It was proposed by Prof. H L A Hart. The Concept of Law (ISBN 0-19-876122-8) is the most famous work of the legal philosopher H. L. A. Hart. It was first published in 1961 and develops Hart's theory of legal positivism (the view that laws are rules made by human beings and that there is no inherent or necessary connection between law and morality) within the framework of analytic philosophy. In this work, Hart sets out to write an essay of descriptive sociology and analytical jurisprudence. The Concept of Law provides an explanation to a number of traditional jurisprudential questions such as "what is law?", "must laws be rules?", and "what is the relation between law and morality?". Hart answers these by placing law into a social context while at the same time leaving the capability for rigorous analysis of legal terms, which in effect "awakened English jurisprudence from its comfortable slumbers".[1] As a result Hart's book has remained "one of the most influential works in modern legal philosophy",[2] and is also considered a "founding text of analytical legal philosophy",[3] as well as "the most successful work of analytical jurisprudence ever to appear in the common law world The starting point for the discussion is Hart's dissatisfaction with John Austin's "Command Theory": a jurisprudential concept that holds that law is command backed by threat and is meant to be ubiquitous in its application. Hart likens Austin's theory to the role of a gunman in...

Words: 331 - Pages: 2

Healthcare Law

...he wasn't board certified and was not eligible for the exams anymore. The hospital did not take any action to ascertain if Dr. Folliss has taken and cleared the exam and hence it did not adhere to the JCAHO regulations Concur/Dissent: I concur with the decision of the court. SOKOL v. AKRON GENERAL MEDICAL CENTER, 173 F.3d 1026 (6th Cir. 1999) Relevant facts: The Medical council at the Akron hospital received information that the plaintiff had a patients had an excessive mortality rate for CABG.A quality task force was appointed to review the entire cardiac surgery program and it was determined that plaintiff’s risk adjusted rate for his patients was 12.09% and that it warranted immediate corrective action. Pursuant to medical staff by laws an investigatory committee was formed to review the plaintiff’s performance and this committee used STS methodology and 2 factors were identified, one being poor case selection by the plaintiff and other was inadequate myocardial protection leading to heart attacks. The committee recommended that all the cases which plaintiff is going to operate on should be evaluated by another cardiac surgeon and he has the authority to deny surgery if there is high risk and that the plaintiff should not be allowed to perform emergency surgeries and cath lab. Under the medical staff bylaws there should be a notice period before any decision to curb the clinical privileges of any staff is taken such that it gives sufficient time to the member to......

Words: 2555 - Pages: 11

Healthcare Law and It

...Healthcare Law and IT 1 Healthcare Law and IT 2 Healthcare as a whole has undergone an enormous transformation in recent years. The United States spends more on healthcare delivery, in terms of a percentage of GDP, than any other country in the world. Much of that cost is related to research and improvements in technology and information systems, as well as implementing them in an effort to reduce healthcare costs over time. That is where healthcare informatics comes into effect. According to Health Services Research Information Central, the definition of health informatics is, “the interdisciplinary study of the design, development, adoption, and application of IT-based innovations in healthcare services delivery, management, and planning.” Healthcare informatics is used to gather, analyze, and interpret data and information about patients and treatments. This information, along with business and management information, is used to interpret how things are and to develop a better, more efficient and more cost effective method of operation. The big question is, how does healthcare informatics and technology effect or impact the development and implementation of healthcare law? One of the most effective technologies that has been widely adopted already is electronic health records. EHR are systems that track and record patient information. It also makes them more accessible and easier to share and communicate between doctors, patients and insurance companies.......

Words: 1608 - Pages: 7

Applied Concepts

...Applying Concepts Pt. 3 MATH/220 06/19/2014 Applying Concepts Pt. 3 Team Collect discussed the overwhelming and time-consuming process that is involved in understanding how credit cards compound interest are calculated. Among the factors that were discussed included knowing the advantages of having high credit scores, how the Annual Percentage Rate (APR) works, where interest charges come from, and how compound interest is calculated. Anyone with a credit card should explore various options available from the credit card issuers so that they can get the best value for their money. The credit card holder must determine how much credit card debt they can afford to hold, the monthly payments, and the interest rates charges levied by the card issuers. According to "How Is Interest Calculated?” (2014), “Understanding how interest is calculated is an important approach toward becoming a more educated consumer and using your credit card effectively” (para. 1). Regardless of the choices made by the cardholder, the credit card issuer determines the formula for calculating interest charges. According to “Citi Cards” (2014), “If you pay less than the full balance, an Interest Charge will be added to your account”. In Team Collect’s example, let us say you have a credit limit of $1,500. On the first day of having the credit card the credit limit is reached. So now you have a balance of $1,500. If nothing else is purchased and no payments are made in six months, how much...

Words: 582 - Pages: 3

Healthcare Law and It

...Healthcare Law and IT Brittany Technology is constantly evolving and advancing. As the healthcare industry becomes more electronic the laws protecting patient health information also need to evolve to cover the ever changing technologic advances. The concerns of protecting patients’ private healthcare information have grown as the use of electronic medical records has become more prevalent throughout the industry. In the 1960s computers began being used for generalizing human behavior. A physician established the idea of the Electronic Medical Record (Srinivasan, 2013). Unfortunately, the usage of electronic medical records did not become more mainstream until two decades later. (Srinivasan, 2013). As the use of EMRs became more prevalent healthcare information technology has played a “pivotal role in improving healthcare quality, cost, effectiveness, and efficiency,” (Srinivasan, 2013). However, the use of healthcare information technology has brought up concerns about privacy and protection of patient health information. In 1996, the Health Information Privacy and Accountability Act also known as HIPAA was passed. This was the first federal law regulating the privacy of health information. HIPAA was “designed primarily to modernize the flow of health information” (Solove, 2013). While at this time medical records were still in paper form, it was clear that health records would become digital in the future. (Solove, 2013). In the early years of......

Words: 1984 - Pages: 8

Healthcare Law

...and Indian Health Care Improvement Act, which extends current law and authorizes new programs and services within the Indian Health Service. This information is all well written and easily accessible for the general public, members of IHS, providers, and also those looking for a career opportunity in this specific field. This site also provides legal information such as eligibility and legislation for IHS, which covers 566 federally, recognized tribes in 35 different states. Overall this site is credible and well put together in order to aid the public in learning more about the health system for Native Americans and Alaska Native. NBC News. (2014). Broken promises: Reservations lack basic care. Healthcare on NBC News. Retrieved from http://www.nbcnews.com/id/31210909/ns/ health-health_care/t/broken-promises-reservations-lack-basic- care/#.VIOJX4d692c This news article provides a real life example of the Indian Health Service system failing to provide proper care to a five-year-old girl on the Crow Reservation in Montana. The article goes on to discuss the legality and weaknesses that are highly present in the IHS and also refers to the “don’t get sick after June” concept that is said when federal dollars for this service run out. Provided these real life examples and detail research that are present throughout this news article, the public is able to get a more detailed feel of what healthcare on the reservation is like. Many people may think that......

Words: 2031 - Pages: 9

Healthcare Law and It

...Healthcare Law and IT Abstract: The Health Information Technology for Economic and Clinical Health (HITECH) Act, enacted as part of the American Recovery and Reinvestment Act of 2009, has specific laws pertaining to healthcare records. Healthcare records includes any record that contains patient data, social security information, date of birth, name etc. (HITECH Act Enforcement Interim Final Rule) Part of Health Insurance Portability and Accountability Act of 1996 (HIPAA), involved an aspect called Administrative Simplification. These were provisions that we set that were going to simplify and standardize various identifiers, codes etc. While the thought is good, the rush to meet these standards contained its own set up challenges. HIPAA regulations cover many policies, patients, hospitals, vendors, financial departments, what use to be an acceptable way of business and communicating is now a new thought process for many. The abbreviations E.H.R. (Electronic Health Record) and E.M.R. (Electronic Medical Record) are used interchangeably throughout this paper. Some would agree they are the same, however the term EMR seems to refer more to the “Medical” field, clinical data, the term E.H.R. is Health record, involving all aspects of the health care fields and technologies. Table of Contents: Topic Page Introduction 4 Systems and Conversions 4-5 Public Health Benefits 5-7 National Patient Safety Goals 7 Meaningful......

Words: 1663 - Pages: 7

Healthcare Law

...The Emergency Medical Treatment and Labor Act came about in 1986, but was sought after as far back as the 1960s. This law requires emergency care to individuals regardless of ability to pay. EMTALA requires examination and treatment of individuals who present with an emergency medical condition and/or women who present in labor. This law is applicable to all hospitals that participate in the federal Medicare program. EMTALA should not be confused with medical malpractice law. EMTALA also applies to individuals who present with acute symptoms of psychiatric illness and/or substance abuse. The Right to Emergency Care Including the Needs of the Psychiatric Patient The Emergency Medical Treatment and Labor Act (EMTALA) requires access to emergency care regardless of an individual’s ability to pay. EMTALA may also be known as the Anti-Patient Dumping Statute. Regardless of the lack of duty to admit or serve all who present for treatment, a hospital emergency department is an exception to the rule (Showalter, 2015). A hospital emergency department has a duty to “evaluate all patients who present for service and to render emergency care to those who need it” (Showalter, 2015). The need for EMTALA was starting to be recognized in the 1960s (Showalter, 2015). According to Showalter in his text, EMTALA was developed with the “philosophy that healthcare at the time of an emergency is a moral right and must be provided regardless of the patient’s ability to pay” (2015). ...

Words: 1578 - Pages: 7

Legal Concepts

...Week 6 Legal Concepts: Shenyang v US Brandon Hall, Sheila Jones, Chuck Philbrick University of Phoenix Business Law LAW/531 July 20, 2015 Week 6 Legal Concepts: Shenyang v US Managers who have business internationally have to worry about different areas of business because it is much different than domestic business relations. These areas are the different types of culture, level of competition, market intelligence, politics/government /legal systems, international law (Trade Smart, n.d.), just to name a few. In the case of Shenyang Yuanda Aluminum Engineering Co. v. United States the company had to worry about international laws that are governed by the United States International Trade Commission. These laws dictated that International Trade Commission would do their part by investigating any allegations against another entity and if it is not able to resolve the dispute than the businesses could be disputed the appropriate courts such as the International Trade Courts. Part of doing business internationally is assuming that risk is at the forefront. Managers have to manage and understand the risk that is involved with doing business internationally. Because this is a known factor management should develop policies, procedures, and processes that enable the company identify risk and monitor the risks associated with the business interactions. Management is also responsible for establishing appropriate due diligence at the time of the deal and the life of the......

Words: 652 - Pages: 3

The Law and Healthcare Adm

...1. Identify and explain at least three legal considerations. Three legal concepts that could be considered in this case are the doctrine of apparent agency, the captain-of-the-ship doctrine, and the doctrine of corporate liability. Under the doctrine of apparent agency, the nurses and other staff that remained on duty acted on behalf of the hospital because they were agents or employees at the time of snow storm. The day shift staff that remained on duty and nurse who agreed to come in assumed the role of agents that were authorized to act on behalf of the hospital. I am the C.E.O. of the hospital, and even though I am on vacation, my duties are still the same as they always are. It is my responsibility to make that the hospital is properly staff in the event of an emergency or the event of inclement weather. This is my duty whether I specifically carry out this duty or I assigned someone else to do so. It is also my duty to make sure that the staff carries out the duty of care to the patients at the hospital. Therefore, under the doctrine of apparent agency, I can be liable for the actions of those agents or employees working at the time of the incident. Under the rule, the principal, me the C.E.O., is bound by the acts of my agents with the apparent authority which I knowingly permit the agents to assume, or which I hold the agents out to the public as possessing. “Agency may be express, or implied from the acts of the principal, from his silence or lack of action,...

Words: 1543 - Pages: 7

Law and Healthcare

...1. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. To begin with, when people think of professional liability in healthcare, they usually think of medical practice, a form of negligence. Negligence by definition is known as one of the most common type of malpractice that exists in the healthcare industry. However, in order for a negligence case to be proven, four elements are necessary: Duty of Care, Breach of that duty, Injury and Causation, (J. W. Showalter, 2007). The first element, duty of care, requires all persons to conduct themselves as a reasonably prudent person would do similar circumstances. Generally, duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to no to place them in situations of undue risk of harm. For example, physicians have a duty to protect patients from foreseeable dangers that could lead to any injury. In case of a surgery, they have a duty to make sure all equipment are in good condition, so it does not lead to injury while the procedure is done. They also have a duty to take preventive measures which create a safer environment. The second element, breach of that duty, requires expert testimony, which normally comes from the defendant’s fellow practitioners because they know the standards of practice best. For example, a specialist may testify about the standards for general practitioners if she is knowledgeable......

Words: 2051 - Pages: 9