What is meant by the legal definition of standard of care

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Reference no: EM132203636

Legal Requirements and Ethics Questions

Q1. Define what is meant by the legal definition of "standard of care." (1-2 paragraphs).

Q2. Describe the differences between negligence, criminal negligence, comparative negligence, and contributory negligence. (1-2 paragraphs).

Q3. Describe the immediate responsibility as a healthcare administrator in an organization when you receive a subpoena duces tecum. (1-2 paragraphs).

Q4. Define the concepts of morals and ethics, and differentiate between the two. Give an example of how the two can come into conflict in a healthcare setting. (2-3 paragraphs).

Q5. Define "standards," "principles," and "rules," and give an example of each as they might be applied when making treatment decisions about noncompliant patients. (2-3 paragraphs).

Q6. An 83-year-old diabetic male, Mr. Jones, is brought in to the emergency department because of respiratory distress by his care-giving daughter, with whom he lives. In examining him, the emergency department physician discovers that Mr. Jones has gangrene on his right foot up to his ankle. Mr. Jones' daughter reports that her father has been diagnosed with Alzheimer's disease. A preliminary capacity assessment is consistent with mild dementia but one of the nurses suggests that Mr. Jones' confusion might be the result of his respiratory distress, coupled with the disorienting atmosphere of the emergency department. The clinical recommendation is to perform a below-the-knee amputation. The patient refuses this surgery, saying he has lived long enough and wants to die with his body intact.

Does the father have autonomy to make this decision? Why or why not? Discuss the principle of nonmaleficence as it relates to actions of the providers. (1-2 pages).

Q7. Clinical ethics requires grasping ethical issues, such as informed consent, truth-telling, confidentiality, end-of-life care, treatment futility, pain relief, and patients' rights to self-determination. For each hypothetical situation described below, identify the conflicting ethical principles involved, and select at least one appropriate action to resolve conflicting ethical principles in each case. (1-2 paragraphs each)

  • An elderly patient suffers cardiac arrest and enters the intensive care unit. Her son insists that "everything possible" be done for her, and yet, she slips into a coma and is nonresponsive for months. As a healthcare administrator who oversees the organization, what steps would you recommend to address the son's concerns?
  • You are a healthcare administrator in a community with many devout Jehovah's Witnesses. Many people in this faith refuse to receive blood transfusions. A mother calls your office to say that her 11-year-old son has been struck by a car, and asks for your reassurance that he won't receive a transfusion if she brings him in. How will you respond?
  • You are a healthcare administrator reviewing statistics on lab tests ordered, and realize that a few physicians account for the majority of orders of a certain very expensive lab test. You do a bit of research, and realize that these physicians have relationships with the manufacturers of this testing equipment. What are your next steps?

Q8. Justify whether healthcare in the U.S. is a right or a privilege. Apply ethical standards and state and federal laws to support your position. (1-2 pages).

Q9. A hospital finds that hypodermic needle-stick injuries have increased over the last year and, when they conduct an audit, they find evidence that there is wide variation in practice from unit to unit. Some rooms have sharps boxes and others do not, the sharps boxes are of different sizes, and there is variation in how often they are emptied. Using the seven-step risk assessment framework described by the Joint Commission outline each of the steps to illustrate how a hospital might use a risk assessment framework to manage the risk of needle-stick injuries. (2 pages).

Q10. You are an executive in a small rural healthcare facility. Explain how each of the following scenarios will challenge your ability to deliver quality care and manage risks; discuss specific regulatory guidelines that may apply and explain your approach to mitigating each.

  • A shortage of three certified nursing assistants (CNAs) due to influenza and one registered nurse (RN) scheduled leave for a family wedding (2-3 paragraphs)
  • Changing reimbursement rules have a negative impact on revenue that will potentially eliminate the budget for planned renovation to the patient rooms equipped with a winch to lift patients over 200 lbs. (2-3 paragraphs).

Q11. You are the CEO of a new hospital. Write a 1-page persuasive executive summary to the board of trustees outlining your proposal for a code of conduct and ethics to govern clinician and doctor behavior. Include a statement with a code of conduct for your staff for each of the following:

  • Quality of care and patient rights
  • Confidentiality of protected health information (PHI)
  • Protection of information
  • Legal and regulatory compliance

Reference no: EM132203636

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Reviews

len2203636

12/27/2018 10:43:47 PM

Response demonstrates the same level of achievement as “2,” plus the following: Response includes an example of how standard of care was used in the course of litigation and/or a court decision. Response provides an authentic and succinct example that illustrates the differences between negligence, criminal negligence, comparative negligence and contributory negligence. Response provides an authentic and succinct example that illustrates the responsibilities of a healthcare administrator related to receiving a subpoena duces tecum.

len2203636

12/27/2018 10:43:42 PM

Response demonstrates the same level of achievement as “2,” plus the following: Through more than one example, Response demonstrates a nuanced understanding of the difference between morals and ethics as they apply to healthcare settings. Response provides more than one example to demonstrate a deep understanding of the relevance of standards, principles, and rules in a healthcare setting. Response uses one or more examples to demonstrate an understanding of how the principles of respect for autonomy and nonmaleficence can conflict. Response identifies other principles or philosophies that could guide decisions about how to prioritize principles of respect for autonomy and nonmaleficence.

len2203636

12/27/2018 10:43:35 PM

Response justifies the importance of each of the principles in conflict. Response provides compelling justification and reasoning to support the selected action in each scenario. Response references a specific court case and/or Supreme Court decision to support the justification. Response includes a thorough reflection on the value of the Joint Commission standards and their impact on providers and patients. Response provides more than one appropriate explanation of how to mitigate the impact of shortages of healthcare workers on the delivery of quality care and the management of risk for each scenario presented. Executive summary includes specific detail that incorporates specific risks that may impact board members.

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