Reference no: EM1339773
Explain Legal aspect of healthcare
Please review the following questions and let me know if you can guide me in answering them (Each response minimum 300 words APA format).
1) Describe the early hospitals of the United States. How did these facilities compare in design and role with the hospitals of the US today?
2) Discuss the various forms, degrees, and elements of negligence under US law. Provide a specific example of how the elements of negligence apply to negligence in the delivery of healthcare services.
3) List and explain the primary sources of law in our U.S. legal system. For each source of law, relate the source specifically to healthcare law and provide examples of relevant applications. Connect each source of law with your own current healthcare organization, or one which you hope to lead.
4) 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?
5) 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.
6) What is meant by contract "performance" in healthcare settings? What are the nonperformance defenses which apply under healthcare law?
7) Review the case law example, Caruso v. Pine Manor Nursing Center (Attached)
How does the element of foreseeability apply to this case, and what is the key lesson which can be learned by healthcare facilities from this case law example? at least 500 words in length response (APA format)
-
Citation: Caruso v. Pine Manor Nursing Ctr., 538 N.E.2d 722 (II. App. Ct. 1989)
Facts
In Illinois, a nursing facility by statute ha s duty to provide its residents with proper nutrition. Under the nursing Home Care Reform Act, the owner and licensee of a nursing home are liable to a resident for any intentional or negligent act or omission of their agents or employees that injuries a resident. The act defines neglect as a failure of a facility to provide adequate medical or personal care or maintenance, when failure results in physical and mental injury to a resident or in the deterioration of the resident's condition. Personal care and maintenance include providing food, water, and assistance with meals necessary to sustain a healthy life.
The nursing facility in this case maintained no records of the resident's fluid intake and output. A nurse testified that such a record was a required nursing facility procedure that should have been followed for a person in the resident's condition, but was not
The resident's condition deteriorated after staying 6.5 days at the facility. Upon leaving the facility and entering a hospital emergency department, the resident was diagnosed by the treating physician as suffering from severe dehydration caused by an inadequate intake of fluids. The nursing facility offered no alternative explanation for the resident's dehydration condition
The trial court found that the record supported a finding that the resident had suffered from dehydration as a result of the nursing facility's negligence. The defendant appealed the jury verdict.
Issue
Did the nursing facility resident suffer harm as a result of the facility's negligence?
Holding
The IIIinois Appellate Court upheld the trial court's finding that the resident suffered dehydration due to the nursing facility's negligence.
Reason
The evidence demonstrated that the proximate cause of the resident's dehydration was the nursing facility's failure to administer proper nourishment; therefore, the jury reasonably concluded that the nursing facility's negligence caused the dehydration