Assignments for deliverable 7 healthcare intake packet
kkeri22
Deliverable2thehealthcaredeliverysystem1.pptxAssessing Employees’ Understanding of Liability Protections for Physicians and Facility
A case of Three Mountains Regional Hospital
Keri King
Deliverable 2
Physician Liability Protection Question 1
In case no fee is charged, does the responsibility of the malpractice carrier change?
In the event a fee is not charged, the responsibility of the malpractice carrier does not change. The reason is that the practitioner would be deemed to have executed the procedure in question. In the context, the expectation would be that the physician endeavors to meet the highest standards of care. If the responsibility was to change, however, the notion would be that the practitioner is motivated by pay to adhere to practice guidelines, which should not be the case.
2
Physician Liability Protection Question 2
Do Good Samaritan laws present an effect of a physician’s protection from legal action?
Good Samaritan laws have an effect of protection of healthcare professionals from legal actions in certain specific circumstances. One such circumstance is during provision of care in emergency circumstances. In legal context, emergency situations may involve the element of confusion and the physician may, therefore, engage in a malpractice against their wish (Bertoli & Grembi, 2018). The laws mentioned previously, however, do not offer protection to physicians in all other circumstances of offering care and physicians should, therefore, exercise caution.
3
Physician Liability Protection Question 3
What is the nature of liability incurred by a physician as a result of diagnosing a patient and recommending treatment without usual diagnostic tests?
Diagnosing a patient without a usual test amounts to neglect of the duty of care to decide the treatment to give to a sufferer. The reason is that a range of ailments can feature similar symptoms and would, therefore, be inappropriate for a medic to settle on treatment without confirmed laboratory results. In like manner, the physician in question would also be liable for breaching the duty of care in administration of treatment. The breach of duties would grant a patient the right of action for negligence.
4
Physician Liability Protection Question 4
In case treatment will be unavailable owing to the patient being uninsured, what would be the use of diagnostic testing?
Usually, treatment is not available to patients that are not insured. In the context, however, diagnostic tests may still be available to the patients despite the absence of insurance, the rationale being that test results may be applied for treatment of the patient in the facility if payment is availed (Schneider, 2017). In a similar manner, the results may be used in another medical facility where a client could be having a cover. In both cases, prior testing saves a client from potential danger of escalation of their problem without knowledge of the disorder they are suffering from.
5
Physician Liability Protection Question 5
Can you offer professional courtesy to fellow healthcare providers without the implication of legal trouble?
Professional courtesy tends to be legal only when it is offered to some specific group of people. The implication, therefore, is that the practice may raise serious legal issues, particularly when the insurance is billed after co-pays have been waived (Fanaroff, 2019). To avoid the legal implications, a practitioner that offers professional courtesy should seek a written policy that has been reviewed by qualified legal counsel.
6
Physician Liability Protection Question 6
In the event of settlement of a malpractice claim in exchange for dismissal from a lawsuit, would the resulting payment be reported to the data bank?
The resulting payment should be reported to the National Practitioner Data Bank despite the settlement and dismissal. The position is informed by the reason for formation of the data bank. As explanation, the NPDB seeks to restrict the movement of incompetent practitioners from one state to the other, in the course of practice, without being noticed. The rationale, therefore, is that any cases of incompetence should be reported to the relevant authorities to help in tracking progress of the practitioner in question.
7
Physician Liability Protection Question 7
When serving in the capacity of a pediatrician, would you be obligated to provide a notice of privacy practices to the child?
The law provides that a notice of privacy practices be availed to a patient whether they are adults of children. In case of the latter, the notice is provided to a personal representative such as a parent. The provision of the law would, however, not apply to minors that have no personal representatives, where acknowledgment of the notice emanates from the minors. The duty of the practitioner in the context would be establishing whether the child has a personal representative or not for appropriate course of action.
8
Physician Liability Protection Question 8
In case of coverage, do you retain consent to settle a malpractice suit?
It is worth noting that a malpractice suit is a matter of livelihood, reputation, and future. In such a case, the practitioner involved should be the one to make relevant decisions at the expense of the insurer, who may not have met or spoken to the practitioner (Mc Calip & Jacovella, 2020). In this case, it would be advisable for the practitioner to hire the services of brokers that have the capability to defend claims where needed. The practitioner should, however, issue clear indications to the effect that the brokers should not settle any claim without the consent of the practitioner.
9
Links to Resources
Benrud, L., Darrah, J., & Johnson, A. (2010). Liability Considerations for Physician Volunteers in the U.S. Health Law. Retrieved from https://journalofethics.ama-assn.org/article/liability-considerations-physician-volunteers-us/2010-03
Brunken, J. (2012). Six Important Liability Insurance Questions for Medical Practices. Physicians Practice. Retrieved from https://www.physicianspractice.com/six-important-liability-insurance-questions-medical-practices
Fanaroff, J. (2019). Medical liability experts answer questions from AAP members. AAP News. Retrieved from https://www.aappublications.org/news/2019/08/28/law082819
References
Bertoli, P., & Grembi, V. (2018). Medical malpractice: how legal liability affects medical decisions. Health Econometrics, 235.
Mc Calip, D. R., & Jacovella, P. F. (2020). Legal Issues. In Injection-Induced Breast Siliconomas (pp. 289-298). Springer, Cham.
Schneider, H. (2017). Legal considerations of telemedical care. Herzschrittmachertherapie & Elektrophysiologie, 28(3), 303-306.
