LEGAL ASPECTS IN HEALTH CARE ADMINISTRATION CUSTOM ESSAY

LEGAL ASPECTS IN HEALTH CARE ADMINISTRATION CUSTOM ESSAY

The answers to these questions should be no more than 4 pages.
1. Case Analysis and Recommendations ? Patient Misidentification*
The emergency department (ED) is located in an urban, not-for-profit, acute hospital and is a very busy place. It is not unusual for the wait time to be 3-4 hours, except in the most extreme of emergencies, which are called ?immediate.? Sydney, a five-month-old female, was brought to the ED by her mother for raspy breathing, a condition that her mother had not noted previously in Sydney?s health history. Sydney?s chart was marked ?urgent,? and she was to be seen by hospital protocol within 2 hours of the initial triage. Within about an hour, ?Sydney?s? name was called, and a mother and a 3-year-old child responded and were escorted to an examination room. As it turns out, the 3-year-old child?s mother speaks only Spanish and did not recognize the difference between the page of ?Sydney? and her daughter?s name, which is ?Cindy.?
Since neither the doctor nor the nurse could speak Spanish, the patient assessment continued as thoroughly as possible. Some of the patient?s information was already on the chart (from Sydney and her mother, given that some information was obtained at the initial intake by the clerk at the ED desk). The doctor is a full-time employee of the hospital. The nurse is a contractor who has signed on for a 30-day assignment with this hospital.
The error in patient identity was not discovered by either the doctor or the nurse until a pharmacist brought the prescription order to the doctor?s attention. The dosage of medication was not appropriate for the body weight of a 3-year-old (but possibly would have been appropriate for a 5-month-old, whose information from the chart was given to the pharmacist as per protocol in filling pediatric prescriptions). While Cindy is being examined, Sydney?s respiratory status worsens. Sydney is escorted to an examination room as soon as the error is discovered. Sydney?s mother finds out about the mishap and claims emotional distress.
*NOTE: This scenario is a highly fictionalized version of a situation that is based on an actual case (O?Neill, et al., 2004).
Apply the 4 steps of case analysis to the Patient Misidentification scenario as follows:
Step 1 ? Identify the facts. You may itemize these in a bulleted list.
Step 2 ? Identify any legal issues that are present, and identify the doctrines and/or duties that apply. You may itemize these in a bulleted list.
Step 3 ? In your own words, elaborate on the legal issues that are present in the scenario, if any.
Step 4 ? Conclude your analysis with the following five (5) considerations in this case:
a. Based on your knowledge of legal doctrine as covered in this class so far, is there a legal basis for any action by either mother towards the corporation?
b. Explain your answer.
c. Would either mother be justified in claiming a tort of negligence or emotional distress? Why or why not?
d. If you were the lawyer representing Sydney?s mother, what additional facts would you deem important to successfully representing her?
e. Identify at least three (3) policies that the hospital administrator could put into place in this department that, if followed, could have prevented some of these mishaps.
Lesson 2.3
Chapter 5: Liability of Healthcare Institutions

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Lesson 2.4

The answers to these questions should be no more than 4 pages.
1. Based on the assigned readings, what duties of care does an emergency department (ED) have to someone coming to that ED in need of services?
2. What might be the main issues or cases regarding mandated reporting that are likely to occur in your selected health care setting (please identify the setting), and how would they be handled?
3. Discuss how a health care administrator can protect patients? rights while complying with mandated reporting regulations. Discuss how you would balance, justify, or resolve the ethical issues inherent in requirements to report suspected (yet unconfirmed) cases and the rights to privacy and well-being that patients and their families? desire.
Lesson 2.4
Chapter 6: Admission and Discharge
Chapter 8: Emergency Care

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