By using your experience or resources on the Internet, present a case of negligence against a physician.
Assignment 1: Discussion Assignment
Assignment Instructions and Details:
By Saturday, March 25, 2017, post your answers to the following questions in a paragraph form to this Discussion Area. Be sure to incorporate your weekly readings and cite your sources (including in-text citations and references) using the APA guidelines. Before the end of the week, respond to your classmates with meaningful feedback that adds value to the discussion.
Part I: Negligence Liability
Negligence, which is often an unintentional action, occurs when a person either performs or fails to perform an action that a reasonable professional person would or would not have performed in a similar situation (Fremgen, 2012).
When a person is injured, they sue under tort law (“a wrongful act against another person”). The unintentional tort of negligence is the most often cause of lawsuits for healthcare professionals (Fremgen, 2012).
Charges of negligence against a physician or other healthcare professional arise because the patient or family is not happy with the outcome of the treatment or procedure (Fremgen, 2012). A jury in a negligence trial would have to determine if a reasonable professional person would have done the same action. Malpractice is the wrongdoing or negligence committed by a professional person, such as a medical professional (Fremgen, 2012).
By using your experience or resources on the Internet, present a case of negligence against a physician.
Will such a case impact the liability of a hospital? Why or why not?
Justify your answers with appropriate research and reasoning by using examples and references from textbooks, the South University Online Library, and other acceptable references. Cite sources in the APA format. Further, comment on the postings of at least two peers.
Part II: Risk Management in Health Care
Risk management is a practice used to control or minimize the incidence of problem behavior that might result in injury to patients and employees, and ultimately, it becomes a liability for the physician/employer (Fremgen, 2012). A key factor in risk management is to identify problem behaviors and practices in an organization such as a hospital or medical office. A plan of action is then put into practice to eliminate these problem behaviors.
Accordingly, respond to the following questions:
What is the role of risk management and corporate compliance programs in a health care facility?
Will the role of these programs differ depending on the type of the facility, for example, hospital versus nursing home? Why or why not?
Justify your answers with appropriate research and reasoning by using examples and references from textbooks, the South University Online Library, and other acceptable references. Cite sources in the APA format. Further, comment on the postings of at least two peers.
Source:
Fremgen, B. (2012). Medical law and ethics. (4th ed.). Boston, MA: Prentice
Hall.
Use the Respond link to post responses and materials that pertain to this assignment. Use the Respond link beneath any existing postings to respond to them.
Assignment 1: Discussion Assignment
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Week 3 Assignment 1 Discussion Mary Bryan 3/23/2017 5:10:20 PM
Negligence liability
On June 28, 2006, Cynthia Adae was taken to Clinton Memorial Hospital where she had complained about a cough, fever, right shoulder pain and limited motion within her right upper extremity. The doctors had said that it could have been an infection and after they performed a couple of blood tests they discharged her without knowing the results. One of the doctors was made aware of the results of her blood culture tests a few days later but did not tell the patient anything about the results or about any further action to take. She was admitted in the hospital on July 1 and was then again discharged without any diagnosis (Paralyzed woman settles , n.d.). After returning four days later they found out that the true case was an epidural abscess but by that time she had slued speech, progressive paraplegia and weakness in her upper and lower extremities. She has been rendered permanently and totally physically disabled and has gone through several dangerous and painful procedures causing physical pain and distress. She sued the University of Cincinnati because it was a family practice residency program where the family practice residents were trying to gain experience. After six years and one day they settled the medical negligence case with the University of Cincinnati for $2.3 million. This makes it that the University of Cincinnati has liability for problems that have been occurred on this woman (Paralyzed woman settles, n.d.).
Risk Management in Health Care
The purpose of risk management is to be able to handle various issues that may occur within multiple settings. One way to develop risk management plans is to follow the directives of organizations such as the FDA and ASHRM to ensure that they are complying to their risk management strategies. The analysis should be able to identify what could happen, how likely is something to happen, what can be done to reduce the impact and what is the potential for exposure. By analyzing these results the risk managers can be able to compare the likelihood of different adverse events along with their impacts (The purpose of risk management in healthcare, 2015).
Keeping patients safe from any types of injuries is a high priority for nursing homes and is equally important from a financial point of view. It is significant because the financial impact can tarnish the reputation of the nursing home that can be competing with other privately owned ones. Facilities are increasingly turning to fracture-prevention strategies that include the use of hip protectors (Risk management in nursing homes, n.d.). In a hospital setting risk management can include patient privacy breaches, diagnostic, medication or surgical errors and any hazardous conditions. Risk managers have to identify risks to the hospital by looking at past incidents and claims, hospital loss and liability reports (Blakes, 2013).
References
Blake, I. (2013, February 03). Risk Manager Responsibilities in a Hospital Setting. Retrieved March 23, 2017, from http://work.chron.com/risk-manager-responsibilities-hospital-setting-17331.html
Paralyzed Woman Settles Medical Negligence Case with University of Cincinnati for $2.3 Million. (n.d.). Retrieved March 23, 2017, from http://www.courtnewsohio.gov/cases/2013/COC/1104/2007-08228.asp#.WNRL1jvyvIU
Risk Management in Nursing Homes. (n.d.). Retrieved March 23, 2017, from http://www.medprotech.com/content/risk-management-nursing-homes
The Purpose of Risk Management in Healthcare. (2015, February 02). Retrieved March 23, 2017, from http://elearning.scranton.edu/resource/business-leadership/purpose-of-risk-management-in-healthcare