DISCUSS THE ADMINISTRATOR’S ROLE IN ENABLING PROVIDERS TO MEET THEIR LEGAL RESPONSIBILITIES SO THAT THIS KIND OF CASE IS AVOIDED THE FIRST PLACE, OR IS RESOLVED SATISFACTORILY IF IT DOES OCCUR.
To prepare for this Discussion: •Review the definitions of negligence on pages 48-49 of Legal Essentials of Health Care Administration, and assess the case in light of these definitions. What form of negligence (e.g., malfeasance, misfeasance, or nonfeasance) might it be? Is it an example of ordinary or gross negligence?
•Consider the case’s description of the health care organization in which the incident took place as well as the actions of others involved in the case. In a setting such as this, what, if anything, might a health care administrator do to prevent negligence such as this from happening? If it does occur, how could the administrator help resolve the matter satisfactorily?
NegligenceFor a plaintiff to recover damages due to negligence, these four elements must be present: duty of care, breach of duty, injury, and causation. In this Discussion you will analyze a case to determine the ways in which it demonstrates these elements of negligence. You will also discuss the responsibilities of a provider as a consequence of being licensed. Review the following cases in Legal and Ethical Issues for Health Professionals, which you read in previous weeks, and select one of these cases to focus on in your initial posting. (Note: In your response, you will address at least one colleague’s posting on a different topic.)1.”Duty to Provide Timely Care” (pp. 197–198)2.”Cursory Exams Are Risky” (pp. 200–201)To prepare for this Discussion:•Review the definitions of negligence on pages 48-49 of Legal Essentials of Health Care Administration, and assess the case in light of these definitions. What form of negligence (e.g., malfeasance, misfeasance, or nonfeasance) might it be? Is it an example of ordinary or gross negligence?•Consider the case’s description of the health care organization in which the incident took place as well as the actions of others involved in the case. In a setting such as this, what, if anything, might a health care administrator do to prevent negligence such as this from happening? If it does occur, how could the administrator help resolve the matter satisfactorily?Note: In your posting, focus on the actions of the health care providers (e.g., physicians, nurses, etc.), even if the organization is included as one of the defendants.Post by Day 4 a response to the following:•Identify in the first line of your posting the case you have selected.•Do you think the case meets the legal requirements for negligence, and if so, what type of tort? Explain your answer, referring to specific details of the case and definitions of negligence.•Discuss the administrator’s role in enabling providers to meet their legal responsibilities so that this kind of case is avoided the first place, or is resolved satisfactorily if it does occur.
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