On Call Physicians. Though the Hospital already has several policies and procedures in place, a revision of the current policy regarding certain aspect needs to be done. The following memo summarizes how DeTar can prevent EMTALA violations from re-occurring. Contractual responsibility of On-Call Physicians One of Dr. Burditt arguments was that he was technically not ‘under contract’ with DeTar hospital, even though the opposite is true. On-call physicians must be made to realize that they are representing the hospital, not their private practice, therefore the hospital can be jointly liable for their actions.
In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014). Medical error occurs more than most people realize and when a doctor is found negligent the patient has the right to sue for compensation of their losses. Debates and issues arise when malpractice lawsuits are claimed.
If the hospital takes the initiative to come in contact with a patient and make them aware of their own rights then both parties (patient and hospitals) are doing their part to establish a secure relation. Another way in which doctors can build upon their credibility regarding their support of privacy is by advertising that the ... ... middle of paper ... ...m between the physicians and doctors. Overall, Privacy for patients has taken damage due to the fast paced advancements in technology. Everyday patients are at risk of having their information shared with other which could lead to potential discrimination and shame. Many medical facilities argue that disclosing patient information is must in certain cases for the good of science, but the truth is that privacy violations are not justifiable under any cause.
Malpractice is when that patient gets an injury from a wrong choice the doctor made. It should be an injury that the doctor should have predicted yet failed to do so (De Raedt, 2013, p.10). There are three types of malpractice. There is medical, professional, and legal. Medical malpractice can be by nurses, nursing home staff, surgeons, physicians, dentists, pharmacists, and anyone else in the medical field.
In today’s health care, there are laws set in place to protect the well-being and best interest of the patient. These laws range from tort laws, criminal laws, and contract laws. Although each of these laws are set in place to protect the patient to a certain degree of wrongdoing on the physicians and medical facilities part, they can be distinguished by which one affects health care professionals directly compared to indirectly. In this paper, I will discuss the Tort Law, the law that most directly influences Health Care Professionals. Tort Law Defined Tort Law can be defined as the civil wrongdoing against a person.
They involve death, psychological injury, or the "risk thereof." "Risk thereof" means that although death or serious injury may not have happened it could have happened (Dovey, Kuzel, Phillips, and Woolf, 2004). An idea came up of not paying the hospitals or facilities if the patients are being charge for their mistakes. “The idea of not paying for errors was spawned by the quality improvement movement that has been sweeping through healthcare since 1999, when the institutes of medicine issued its seminal report saying as many as 98,000 U.S died annually because of medical errors” (Carpenter, 2008) (p.14). Perhaps maybe this can fix the medical error problem we are having.
An analysis of changes in statutory limits on lawsuits and prior tort reform efforts will show a connection between such changes and a reduction in overall healthcare costs. Definition Defensive Medicine as defined in a presentation to the World Health Organization, means “when a doctor orders a test, prescribes a drug, or even schedules a surgery, not because it is necessary, but to avoid being sued if the patient fails to make a full recovery (Dietrich, 2005, pg. 28).” This use, or overuse, of medical procedures to avoid litigation i... ... middle of paper ... ...er 20, 2009, from http://www.who.int/patientsafety/events/05/Dietrich.pdf Gulla, Richard P. (2008, November 17). MMS survey examines defensive medicine. Retrieved September 20, 2009, from http://www.massmed.org/AM/Template.cfm?Section=Search8&template=/CM/HTMLDisplay.cfm&ContentID=27696 Library of Congress (2009, July 24).
Not only is safety a basic patient expectation, but safety can have a dramatic effect on a healthcare organization’s reputation and community standing. As well, an organization’s inability to provide a safe patient care environment can impact its accreditation status and reduce reimbursement levels from Medicare and commercial payers. Healthcare providers must create risk management strategies that reduce or lessen the risks of patient harm. Risk management strategies should be created to support a strong organizational culture of safety and should be designed to strengthen the healthcare delivery system (Oregon Patient Safety Commission, 2014). This paper will examine risk management plan requirements for a healthcare facility and the strategy involved for the management of business and financial risk in the changing healthcare environment.
Retrieved from Public Health Law website: https://www.networkforphl.org/_asset/r77mq0/HAI-Laws-PPT-FINAL.pdf Scott II, D. R. (2009). The direct medical costs of healthcare-associated infections in U.S. hospitals and the benefits of prevention. Retrieved from http://www.cdc.gov/HAI/pdfs/hai/Scott_CostPaper.pdf
Retrieved from http://drscottwright.wikispaces.com/file/view/Empathy and Medicine - A Neurobiological Perspective.pdf Switankowsky, I. (2005). From detached concern to empathy: Humanizing medical practice. Humane Medicine Health Care, 5(2), Retrieved from http://www.humanehealthcare.com/Article.asp?art_id=834 Hardee, J. (2010, February 16).