13 Jun 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?
Negligence
For 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.
Duty to Provide Timely Care” (pp. 197–198)
The surviving parents in Hastings v. Baton Rouge Hospital brought a medical malpractice action for the wrongful death of their 19-year-old son. The action was brought against the hospital; the emergency department physician, Dr Gerdes; and the thoracic surgeon on call, Dr. McCool. The patient had been brought to the emergency department at 11:56 PM because of two stab wounds and weak vital signs. Gerdes decided that a thoracotomy had to be performed. HE was not qualified to perform the surgery and called McCook, who was on call that evening for thoracic surgery. Gerdes described the patient’s condition, indicating that he had been stabbed in a major blood vessel. At trial, McCool claimed that he did not recall Gerdes saying that a major blood vessel could be involved. McCool asked Gerdes to transfer the patient to Earl K. Long Hospital. Gerdes said, “I can’t transfer this patient.” McCool replied, “No Transfer him.” Kelly, an emergency department nurse on duty, was not comfortable with the decision to transfer the patient and offered to accompany him in the ambulance. Gerdes reexamined the patient, who exhibited marginal vital signs, was restless, and was draining blood from his chest.
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