Solution Manual for Applied Law and Ethics in Health Care 1st Edition by Wendy Mia Pardew

Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 1, The Big Business of Health Care and You

Solution and Answer Guide Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 1, The Big Business of Health Care and You

Table of Contents Study Questions ....................................................................................................................................................... 1 Cases For Discussion ................................................................................................................................................. 1

Study Questions 1.

2.

3.

4. 5.

Frontline health care professionals can help prevent medical malpractice lawsuits by: • Representing themselves and their employers in a professional manner. • Know the applicable laws and regulations. • Understand their scope of practice. • Maintain positive patient interactions. • Minimize the nonmedical and nonlegal variables involved in malpractice. • Abide by HIPAA's regulations regarding patient confidentiality. The owner of a sole proprietorship has unlimited personal liability and does not have the tax advantages of an LLC or a corporation. There is no legal separation between you and your business in a sole proprietorship. Unlike a partnership, a person’s interest in a corporation is represented by stock, and the risk for the corporation’s debt does not extend past the amount invested; except for very rare situations (called piercing the corporate veil), the personal assets of a corporation’s shareholder are not at risk to cover corporate liability. A provider may be tempted to achieve maximum financial reward by not ordering tests or procedures or prescribing medicine. Personal health information has become a lucrative target for illegal actions on the internet. Health care companies have more liability than just HIPAA violations, and they now need to be stalwart defenders of their technologies' security.

Cases For Discussion 1.

2.

The Central Texas Medical Foundation and Brackenridge Hospital should be held vicariously liable for Dr. Villafani’s treatment of the plaintiff. The Foundation and Brackenridge Hospital had control over the details of Dr. Villafani’s work, so the court concluded he was the Foundation’s “borrowed employee” when he treated plaintiff. Consequently, St. Joseph’s could not be vicariously liable under the theory of respondeat superior, in part, because St. Joseph’s had no control over Dr. Villafani’s work at Brackenridge. St. Joseph Hosp. v. Wolff, 94 S.W.3d 513 (Tex., 2002). Parkview may be held vicariously liable for Christian's misconduct even if the actions in question ran directly counter to Parkview rules or policies, such as the Confidentiality Agreement and the Acknowledgment Regarding Access to Patient Information. The employee’s conduct was likely incidental to her duties at work because it was "of the same general nature" as her authorized job duties, which included use of the electronical medical records, management of schedules and communication, and other tasks that required access to patients' charts. While this case was settled before trial, it is likely Parkview should be found vicariously liable given the facts in this case. SoderVick v. Parkview Health Sys., 148 N.E.3d 1124 (Ind. App. 2020).

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Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 2, Laws and Regulations You Will Encounter Laws and Regulations You Will Encounter

Solution and Answer Guide Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 2, Laws and Regulations You Will Encounter

Table of Contents Study Questions ....................................................................................................................................................... 1 Cases For Discussion ................................................................................................................................................. 1

Study Questions 1. 2.

3. 4.

Responses will vary. While it may not be a discriminatory question, it is ill advised as there is a lot of room for follow up questions that may be discriminatory. Instead, it is better to be clear during the interview as to the company policy. For example, you can mention that vaccination or a viable medical excuse is a requirement of employment. The Family Medical Leave Act. If a health care professional receives a needle stick at work, they should follow procedures in the office procedures/protocol manual. In addition, providers and their staff must comply with OSHA’s Bloodborne Pathogens regulation (29 CFR 1910.1030), which establishes standards for exposure incidents involving bloodborne pathogens.

Cases For Discussion 1.

2.

The issue in this case is whether material written in a personnel manual may constrain an employer’s power to terminate an employment relationship that would otherwise be terminable at will. When the chief executive officer testified that Leikvold was terminated because of her requested transfer to a subordinate position, Leikvold argued that the employees’ handbook was part of her employment contract and that she could not be fired unless for a reason listed. Applying for a subordinate position was not listed as a cause for discharge. The court agreed with Leikvold and returned the matter to a lower court for trial on the facts. The court stated: “If an employer does choose to issue a policy statement in a manual or otherwise, and by its language or by the employer’s actions, encourages reliance thereon: the employer cannot be free to only selectively abide by it. Having announced a policy, the employer may not treat it as illusory.” Leikvold v. Valley View Community Hospital, 688 P.2d 170 (Az. 1984). Markus' behavior would likely be deemed sexual harassment, which is unwelcome sexual attention at an employee's workplace that establishes a hostile work environment, negatively affects the employee's ability to do their job, or which results in a detrimental change in their job responsibilities. When Markus continued his conduct after his advances were declined, his conduct became harassment.

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Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 3, From the Constitution to the Courtroom

Solution and Answer Guide Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 3, From the Constitution to the Courtroom

Table of Contents Study Questions ....................................................................................................................................................... 1

Study Questions 1.

2. 3. 4. 5.

The Supremacy Clause ensures that the federal government can legislate certain matters that fall under one of its enumerated powers, including interstate commerce and foreign relations. Consequently, when there is a conflict between federal and state law, the Constitution Supremacy Clause tells us that federal law will govern. There are, however, exceptions to this rule. The three branches of government are the executive, the legislative, and the judiciary. There are checks and balances, so no one branch can gain too much power. The three levels of the judiciary are the trial court, the mid-level appellate court, and the highest-level appellate court. The name of the highest court in the United States is the Supreme Court. Federal agencies can make their own rules and prosecute those who violate the rules, provided Congress gives them this power. The major distinction between criminal and civil law is that criminal law involves the prosecution of cases by the state against a defendant who has been charged with violating a specific criminal statute, and, if found guilty, the defendant may face time in prison. Civil law generally involves a dispute between individuals or legal entities such as corporations, and even though the state (or federal government) can be a party in a civil lawsuit, the defendant in a civil lawsuit will not face the possibility of prison.

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Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 4, Criminal Acts and Intentional Torts Laws and Regulations You Will Encounter

Solution and Answer Guide Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 4, Criminal Acts and Intentional Torts

Table of Contents Study Questions ....................................................................................................................................................... 1 Cases For Discussion ................................................................................................................................................. 1

Study Questions 1. 2. 3.

4. 5.

The element of intent differentiates murder from euthanasia. Often courts are more lenient with people charged with euthanasia if the objective of the killing was to spare a terminally ill person additional pain. Statutes and regulations on child and elder abuse affect the medical office because the reporting of suspected child or elder abuse is mandatory. The difference between robbery and larceny, both of which involve the theft of another's property, is that robbery involves the victim being physically injured or being put in fear of bodily injury. Larceny is a theft that does not involve the use of force. The patient can file a complaint against the hospital for a claim of false imprisonment. Which ae examples of insurance fraud and which are examples of insurance abuse: a. Insurance Fraud b.

Insurance Fraud

c.

Insurance Fraud

d.

Insurance Abuse

e.

Insurance Fraud

Cases For Discussion 1. 2.

3.

4.

5.

In most states, each one of the hypothetical situations would be identified as child abuse and should be reported. If it can be proven that the provider had an intent to defraud for purposes of collecting additional billings or other unsound or unprofessional reasons, the patient would likely be successful in a civil fraud suit. Such fraud can also be criminal. The important facts are that there was intent and that the purpose was to obtain payment. Venner was found guilty of possession of marijuana with an intent to distribute. In this case, the police did not confront or even see Venner at the hospital. There was nothing in the record to suggest that when the nurses, in the normal routine, took the bedpans from Venner’s bed to the place for disposition of their contents that it was a place where Venner had a constitutionally protected right of privacy. Nor was there anything to suggest that Venner exercised or attempted to exercise any right of possession or control over the balloons. They were abandoned by Venner, and their subsequent retrieval on behalf of the police was lawful. Venner v. State, 30 Md. App. 599. 354 A.2d 483 (1976). The court held against the defendant surgeon and stated that it could not be concluded that the article was written solely for scientific purposes stating that “even a scientific publication may be nothing more than someone’s advertisement in disguise.” Griffin v. Medical Society of New York, 11 N.Y.S.2d 109 (N.Y. 1939). The court ruled against the provider. The provider’s refusal to correct or retract his error and the injury

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Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 4, Criminal Acts and Intentional Torts Laws and Regulations You Will Encounter

that it inflicted on the patient were considered sufficient for the jury to award substantial damages. Vigil v. Rice, 397 P.2d 719 (N.M. 1964).

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