Legal aspect of healthcare
Please review the following questions and let me know if you
can guide me in answering them (Each response minimum 300 words APA format).
1) Describe the early hospitals of the United States. How
did these facilities compare in design and role with the hospitals of the US
today?
2) Discuss the various forms, degrees, and elements of
negligence under US law. Provide a specific example of how the elements of
negligence apply to negligence in the delivery of healthcare services.
3) List and explain the primary sources of law in our U.S.
legal system. For each source of law, relate the source specifically to
healthcare law and provide examples of relevant applications. Connect each
source of law with your own current healthcare organization, or one which you
hope to lead.
4) Summarize current anti-trust and restraint of trade laws
which have a direct impact on our practices as healthcare administrators. How
is our decision-making, as healthcare leaders, impacted by these laws?
5) How are crimes distinguished from civil wrongs? List and
briefly discuss three of the six listed elements of criminal procedure and
discuss at least one illustrative case example related to healthcare to
illustrate these concepts.
6) What is meant by contract “performance” in
healthcare settings? What are the nonperformance defenses which apply under
healthcare law?
7) Review the case law example, Caruso v. Pine Manor Nursing
Center (Attached)
How does the element of foreseeability apply to this case,
and what is the key lesson which can be learned by healthcare facilities from
this case law example? at least 500 words in length response (APA format)
–
Citation: Caruso v. Pine Manor Nursing Ctr., 538 N.E.2d 722
(II. App. Ct. 1989)
Facts
In Illinois, a nursing facility by statute ha s duty to
provide its residents with proper nutrition. Under the nursing Home Care Reform
Act, the owner and licensee of a nursing home are liable to a resident for any
intentional or negligent act or omission of their agents or employees that
injuries a resident. The act defines neglect as a failure of a facility to
provide adequate medical or personal care or maintenance, when failure results
in physical and mental injury to a resident or in the deterioration of the
resident’s condition. Personal care and maintenance include providing food,
water, and assistance with meals necessary to sustain a healthy life.
The nursing facility in this case maintained no records of
the resident’s fluid intake and output. A nurse testified that such a record
was a required nursing facility procedure that should have been followed for a
person in the resident’s condition, but was not
The resident’s condition deteriorated after staying 6.5 days
at the facility. Upon leaving the facility and entering a hospital emergency
department, the resident was diagnosed by the treating physician as suffering
from severe dehydration caused by an inadequate intake of fluids. The nursing
facility offered no alternative explanation for the resident’s dehydration
condition
The trial court found that the record supported a finding
that the resident had suffered from dehydration as a result of the nursing
facility’s negligence. The defendant appealed the jury verdict.
Issue
Did the nursing facility resident suffer harm as a result of
the facility’s negligence?
Holding
The IIIinois Appellate Court upheld the trial court’s
finding that the resident suffered dehydration due to the nursing facility’s negligence.
Reason
The evidence demonstrated that the proximate cause of the
resident’s dehydration was the nursing facility’s failure to administer proper
nourishment; therefore, the jury reasonably concluded that the nursing
facility’s negligence caused the dehydration.
ScholarMatic: Explanation & Answer
Your ready answer from a verified tutor is just a click away for as little as $14.99
Click Order Now to get 100% Original Answer Customized to your instructions!
