Identify the type of law that will govern this case

Assignment Help Business Law and Ethics
Reference no: EM13763558

Case Study: After witnessing your presentation to the staff of Lincoln Terrace Community Hospital, the chief executive officer is impressed and asks you to conduct more in-service training regarding a current case against the hospital. You are given the details of the case, but told to observe the Health Insurance Portability and Accountability Act (HIPAA) standards of privacy, security, and confidentiality of the patient in the case. You are asked to address the ethical, legal, and regulatory considerations of patient care, and the goals, standards, and requirements of effective health provider/patient relationships in a scholarly manner.

J. R. vs. Lincoln Terrace Community Hospital

J. R., a 35 year old woman, at 37 weeks pregnant began feeling intense pain in her lower abdomen. Upon arrival at the emergency room (ER), she was assessed and then sent home. Over the next 2 weeks J.R. returned to the ER three times with complaints of pressure in her lower pelvic area and pain at level 7. On all three occasions J.R was assessed and sent home. Three days later the pain became unbearable and J. R. once again returned to the ER. This time her blood pressure was 180/130, and her pain level was 9. She was immediately admitted. Nine hours after her admission was completed, J. R. still had not dilated. The decision for cesarean was made, which was successful. While in the hospital she received custodial care from a patient care associate (PCA), but never saw a physician. Once she saw a woman with a badge, "RN'. But no one cleaned the wound site, nor did J. R. receive instructions on how to clean her wound. The education checklist J. R. received upon discharge from the maternity unit indicating areas requiring patient education was blank, but signed by the registered nurse. Three days after discharge from the hospital J. R. returned to the ER with infection at the post surgical wound site.

A month later J. R. contacted a lawyer who requested her medical records. After the third request to the medical records department was unsuccessful, the lawyer requested a subpoena for the medical records. An unidentified woman representing the hospital left a detailed message of the specifics of the subpoena and the status of the release of the medical record on the lawyer's office voice mail. A week later, finally J. R.'s medical records arrived at her lawyer's office. The education checklist was found after a thorough review of the medical record. The signature on the education checklist in the medical records was the same on the education checklist J. R. produced to the lawyer, the dates were the same. The difference was, the education checklist in the medical record was complete, indicating J. R. received proper care for her wound site while in the hospital, and received instructions on how to clean her post surgical wound site.

Answer each question discuss the below information, utilizing the case above.

• Identify the type of law that will govern this case, and discuss.

• Define and identify the following:

?Plaintiff

?Defendant

• How may the defendant's lawyer use the defense of the following? ?Comparative negligence

? Contributory negligence

• Were the four elements of negligence evident in the case? Discuss how each relates to the case. ?Duty of care

?Dereliction (Breach of duty of care)

?Damage (injury)

?Direct Cause (causation)

• Discuss the Physician/Patient relationship as it relates to this case.

• What are goals, standards, and requirement for an effective physician/patient relationship?

• Define Standard of Care.

• Was standard of care practiced in this case? Was the principle of Prudent Person observed? Why/Why not?

• Discuss HIPAA standards of privacy, security, and confidentiality and relate these standards to the case.

• Define and discuss the following:

?Duty-Base Ethics

?Beneficence

?Justice.

Reference no: EM13763558

Questions Cloud

Gains from nonoperating activities : Income from continuing operations sometimes includes gains from nonoperating activities.
Cause a rightward shift in the aggregate supply curve : List three things that would cause a RIGHTWARD SHIFT in the Aggregate Demand curve. List three things that would cause a RIGHTWARD SHIFT in the Aggregate Supply curve
Write a five hundred words essay about the media : Write a five hundred words essay about the media.
Describe how social interactions influenced behavior : Describe how social interactions influenced behavior in these cases. Identify the instances of conformity and obedience
Identify the type of law that will govern this case : J. R. vs. Lincoln Terrace Community Hospital, Answer each question discuss the below information, utilizing the case above. Identify the type of law that will govern this case, and discuss
Write five page about world religion- budhaism and islamic : Write five page about world religion- Budhaism, Islamic, Christianity and more.
Impact of macroeconomic variables : The Macroeconomic Paper tests your ability to apply economic principles to a business decision considering the impact of macroeconomic variables.
Individual website design and development : Complete the website design document in Microsoft Word. Cover all the elements for your site design (see 'Overview: Individual WebsiteDesign Document and Development Effort Instructions' link).
Brief summary of the facts : Find a news article or case in which the directors and/or officers of a corporation were accused of breaching their duties of care or loyalty. Provide a brief summary of the facts and discuss the standards that were used in determining that a brea..

Reviews

Write a Review

Business Law and Ethics Questions & Answers

  Discuss pretrial detention and the concept of bailexplore

prepare a 1050- to 1400- word paper in which you discuss and explain the pretrial process along with the following

  Can he do this because he is not an appointer

Can he do this because he is not an appointer? No provision under Trusts Act saying a bankrupt can't be a trustee, but they can be removed based on being unfit (s 12(1)(e) or incapable s 12(1)(f) also Miller v Cameron). "B" wanted to resign from ..

  Jackie fenced her yard however the fence was constructed 6

jackie fenced her yard however the fence was constructed 6 inches over the property line into her neighbors yard.

  Consider how you deal with conflict in relationships with

assignment 1consider how you deal with conflict in relationships with people at work. is it similar to how you handle

  He has no prior adult criminal record however he has two

ed robertson is a twenty-year-old student. he is in his first year at the local community college. he is pursuing the

  Michael milken a friend or foe

Was Michael Milken a friend or foe to the financial markets, is definitely a question that sparks much debate. I tend to take a utilitarian approach to most things in life and this question is not an exception.

  Harasser are manager, coworker, or third parties

In what ways so the standards used to attribute liability for harassment to employers differ depending on on whether the harasser are manager, coworker, or third parties?

  Advocating legislative change in u.s. withdrawal from nafta

Write an argumentative essay where you will write a paper advocating legislative change in U.S. withdrawal from NAFTA.

  What is your reaction to the incidence of female

what is your reaction to the incidence of female perpetrators of physical dating violence? do you feel this is an area

  Information on the sociological perspective can be found on

for this assignment youll need to summarize what the sociological perspective is and what methods are used by

  The legal and ethical considerations of marketing in america

The Legal and Ethical Considerations of Marketing in America Paper

  Concept of corporate social responsibility

"Discuss critically the extent to which you accept the concept of corporate social responsibility"

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd