Aalia AmeenHCM367-1103B-01 The Health Care

OrganizationColorado Technical University Online

Professor Rashida BiggsSeptember 10, 2011

Medical Ethics

Agenda

Law Defined Tort Defined Types of Torts Tort Law in the J.R

Versus Lincoln Terrace Community Hospital Case

Comparative Negligence

Contributory Negligence

4 D’s of Negligence Breach of Contract

Types of Relationships in the Healthcare Setting

Duty Based Ethics Defined

Beneficence Defined Justice Defined Standard of Care

Defined Prudent Person HIPAA Malpractice Insurance

History

Law Defined The law is a set of rules or regulation

put in place to keep order and or justice.

Laws are enforced to ensure that individuals are treated fairly, are not harmed and so on and if the law is broken that there will be justice for it.

Types of Laws Commercial/ Consumer Law Criminal Law Health Law Tort Law

Tort Law Defined

A tort is “wrong doing that is done by a person and or entity to an individual that results in injury or damage to property” (World Law Direct 2011).

The are various types of Torts the most common in the health care setting are: Intentional Unintentional

Types of Torts

Intentional Tort Intentional torts are those in which a

person or persons deliberately attempts to or does cause harm, injury, or damage to another individual or their property.

Unintentional Tort An unintentional tort is when injury or

damage is caused and it was not deliberated or premeditated

Tort Law in the J.R Versus Lincoln Terrace Community Hospital Case

Plaintiff J.R.

Defendant Lincoln Terrace Community Hospital

An Unintentional Tort is the law that will govern this case

Contributory Negligence Contributory Negligence was a

common law defense in Tort cases. Contributory Negligence is when a

person or party negligently causes harm to another individual and the injured party helped to contribute to their injuries such as in a car accident, the negligent party can not be held responsible for their injuries

Currently only 5 states in the U.S. follow this law.

Comparative NegligenceWhen the comparative negligence law is used the injured party may still be able to recover damages even if they were partially to blame for the accident or what caused their injuries.Plaintiff’s financial recovery may be reduced, or even prohibited, depending how plaintiff’s actions caused or contributed to the accident.In states using a comparative negligence system, a jury or judge determines the proportion of fault to be assigned to each responsible party

4 D’s of Negligence

Duty: Exsits when the physician-patient relationship has been established.

Derelict: Exists when the patient can prove that the physician failed to provide the proper standards of care as required by their profession.

Direct Cause: Implies that any injuries or damage that resulted from physician's breach of duty were directly related to that breach and no intermittent circumstances could have caused the damages (Health Care for the Aging).

Damages: Refers to the injuries the patient suffered.

Breach of Contract A contract is a legally enforceable

agreement between two or more parties with mutual obligations, which may or may not have specifics in writing and may also be formed orally (Radcliffe, M.).

Types of Contracts: Written Verbal

If one party meets its contractual obligations and the other party doesn't ("breaches the contract"), the non-breaching party is entitled to receive relief through the courts (Radcliffe, M.).

Types of Relationships in the Healthcare Setting

The law of all medical care practitioner–patient relationships is based on the provider/patient relationship (Public Health Law).

The heart of the provider/patient relationship is the use of medical judgment.

Effective provider/patient relationships consist of: Effective Communication Hospital/Office Experience Education Proper Decision making Great Outcomes

Duty Based Ethics Defined

Duty Based (Deontological) or Rights Based Ethics is the act of fulfilling ones obligations regardless of consequence right and wrong and so on.

Duty based ethics offers one consistant rules to follow.

It helps to recognize role related duties in the healthcare and other settings.

Beneficence Defined

Beneficence means to do right by someone or to do what is right.

For example in healthcare it is the responsibility of healthcare workers to ensure that patients are treated properly and to care for their well being and help them to restore their good health.

Justice Defined

Justice is to do what is fair or to what is deserved.

For example if a healthcare worker is caught stealing from a healthcare organization they would be fired as well as criminal charges may be filed against them and in turn justice will be served.

Standard of Care Defined

Standard of care is a diagnostic and treatment process that a physician should follow for a certain type of illness, patient, and so on (Medicine Net).

In legal terms standard of care is the level in which the average provider would have managed a patient’s care in the same or similar circumstances (Medicine Net).

Prudent Person

HIPAA

Malpractice Insurance History

ReferencesHealth Care for the Aging (n.d.) Professional negligence or malpractice. Retrieved from website http://joann980.tripod.com/myhomeontheweb/id21.htmlMedicine Net (2011) Standard of care. Retrieved from website http://www.medterms.com/script/main/art.asp?articlekey=33263Public Health Law (2011) Patient–Provider relationships. Retrieved from website http://dms.dartmouth.edu/cfm/resources/ethics/chapter-05.pdfThe Personal Injury Law Directory (2001) Contributory versus comparative negligence Retrieved from website http://www.the-injury-lawyer-directory.com/negligence.htmlWorld Law Direct (2011). What is a tort? Retrieved from website http://www.worldlawdirect.com/article/1044/what-tort.htmlRadcliffe, M. (2011). Contract law. Retrieved from website http://library.findlaw.com/1999/Jan/1/241463.html