05 Dec healthcare malpractice in the news
Order Instructions
Revisit our Week One reading, Understanding the Court System (pages 11-15). This week’s discussion will help you to place violations and penalties within a specific law and legal system. HCO and/or provider violations maybe both illegal and may result in financial penalties. Not all healthcare laws are enforced by the same entity. Some are enforced by the Office of Civil Rights. The Centers for Medicare and Medicaid, the State Professional Licensing Boards, Federal prosecutors. Some penalties are financial and others may result in losing a professional license or a facility registration. After violation providers and HCOs may be prohibited from participating in state or federal programs.
Format:
Find a current newspaper or scholarly article or an industry newsletter where a health care organization or a provider was found guilty of malpractice, criminal negligence, false credentials, failure to treat, or patient abandonment.
Which critical health care error does the article address?
Draw from your readings and experience to date. Assess what factors lead up to the error for both the HCO and the professional. Touch on Duties, Scope of Practice (state boards), and standard of care.
Provide specific details of the case as to which law and whether it was tried in criminal or civil court.
Sort out the legal system violation from the penalty. What penalties did occur and what penalties may have occurred but were not written in the article.
Discuss with your colleagues: Peers are expected to demonstrate critical thinking in their questions related to the classmates’ descriptions. See Discussion Expectations and Grading for rules on discussions.
Assigned reading materials:
Moffett, P., & Moore, G. (2011). The standard of care: legal history and definitions: the bad and good news. The Western Journal of Emergency Medicine, 12(1), 109–112. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3088386/ (this document can be accessed via the classroom eReserve section, click content then click course resources)
Sohn D. H. (2013). Negligence, genuine error, and litigation. International Journal of General Medicine, 6, 49–56. doi:10.2147/IJGM.S24256. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3576054/
Mallon WK, & Kassinove A. (1999). Mandatory reporting laws and the emergency department. Topics in Emergency Medicine, 21(3), 63–72. Retrieved from http://ezproxy.umgc.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=edo&AN=7107001&site=eds-live&scope=site
