Health Law, Ethics, and Policy Wk4

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Week 4

Responsibilities and Liabilities in Healthcare Settings

In today’s litigious environment, it is important to understand the responsibilities and

scope of practice of healthcare professionals, as well as organizations. The healthcare

executive who is knowledgeable of the responsibilities and liabilities of an organization

and its employees and contractors is better positioned to avoid lawsuits and criminal

charges. Arguments in defense of healthcare professionals who have been sued for

malpractice include concepts such as respondeat superior. The doctrine of respondeat

superior establishes the responsibility of either the physician for their own actions or the

responsibility of the employer for the actions of their employees. The borrowed servant

doctrine, a derivation of respondeat superior, applies when an employer lends an

employee to another organization. These doctrines help to establish who is actually

responsible for the negligent behavior, such as undiagnosed or misdiagnosed health

conditions, administration of incorrect medications or incorrect dosages of medications, or

not responding in a timely manner to patient complaints of pain or other complications.

Organizations must likewise be prepared to prevent lawsuits or provide a successful

defense against lawsuits. For example, organizations assume liability when regulatory

standards have been violated, (e.g., when an accident occurs in a clinic that has not

adhered to safety regulations). In addition to lawsuits from patients or their families,

potential suits can also arise internally. Organizations have been sued by employees, citing

harassment and discriminatory practices against those in a protected class (e.g., age,

disability, gender, race, religion, or sexual orientation). One way to avoid lawsuits is to

establish diversity and inclusion initiatives so that employees from various backgrounds

have fair representation and feel equally valued within an organization. Anti-

discrimination and anti-harassment policies, and subsequent mandatory training on such

policies, demonstrate an organization’s commitment to a safe working environment and

will help prevent or mitigate the effect of a lawsuit.

Be sure to review this week's resources carefully. You are expected to apply the

information from these resources when you prepare your assignments.

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Books and Resources for this Week

Basanta, W. E. (2005). Survey of Illinois law:

Health care professional licensure and

discipline. Southern Illinois University Law

Journal, 29... Link

Boyd, C. E. (2008). How compliance

intersects with medical staff issues:

Credentialing. Journal of Health Care

Compliance, 10(2), 11–18. Link

Buppert, C. (2013). Legal limits: CMS says

NPs credentialed by medical staff, not human

resources. The Journal for Nurse

Practitioners, 9(5), 317–318. Link

Dartmouth-Hitchcock. (n.d.). Non-

discrimination and anti-harassment policy for

employees. Dartmouth University School of

Medicine. Link

Elwell, S. (2017). Certification matters.

Journal of Trauma Nursing, 24(6), 342–344. Link

Emory St. Joseph’s Hospital. (n.d.). Code of

conduct for medical staff [PDF document]. Link

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Peters, G. G. (1984). Reallocating liability to

medical staff review committee members: A

response to the hospital corporate liability

doctrine... Link

Teaching new medical staff leaders about the

credentialing process. (2016). Medical Staff

Briefing, 26(8), 1–4. Link

U.S. Equal Employment Opportunity

Commission. (n.d.). Tips for small businesses:

General non-discrimination policy tips. Link

SHS IPE Forum in The Commons Link

Week 4—Assignment 1: Explain the Process of Individual

Professional Licensure, Certification, and Liability Assignment

Due July 14 at 11:59 PM

As a healthcare executive, you must be familiar with the rules that govern professional

responsibility and liability not only for the health executive but for those healthcare

professionals in your employ. Additionally, you must be aware of the potential impact that

lack of compliance in these areas can have on your organization.

Select a U.S. state and one type of healthcare professional (e.g., medical technologist,

pharmacist, physician, nurse, etc.). Research the state’s regulations and statutes for

licensure, registration, credentialing, and/or certification for the chosen professional. In

other words, what is required of the healthcare professional to legally practice in that

state? Make sure you examine any regulations related to facility accreditation and Joint

Commission requirements.

Explain:

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Week 4—Assignment 2: Generate a Non-Discrimination Policy Assignment

Due July 14 at 11:59 PM

The process the healthcare professional must follow to achieve licensure and/or

certification.

The legal and extra-legal requirements.

The civil complaint steps consumers or patients can follow in a case of alleged

incompetence or misconduct.

The process that the state’s responsible regulatory agency(ies) follows to

investigate allegations and, if necessary, implement sanctions or other disciplinary

actions.

The possible criminal liability due to incompetence, abuse, or misconduct.

Additionally, you will create an executive summary that will be posted in the IPE

Exchange: Week 4, located in the SHS IPE Forum in The Commons. Make sure you click

on Follow This Thread so you can engage in dialogue with your peers and colleagues in

the Nursing (DNP-7004) and Health Administration (DHA-7006) programs. You are

encouraged to respond to any questions or comments posed to your posting, as well as to

respond in kind to others’ postings in the thread.

Posting of the executive summary is a requirement for this assignment. Failure to do so

will result in point deductions. Your paper and posting should reflect doctoral-level

writing, including proper grammar and spelling, and adhere to current APA formatting.

Professionalism and netiquette are expected, not only in your initial posting but in any

response(s) made to your colleagues.

Length: a minimum of 5 pages, including your executive summary (not including title page

and reference page).

References: Include a minimum of 3 scholarly resources to support the professional

responsibility paper and executive summary IPE Forum posting.

Too often, healthcare organizations have been sued due to a violation of equal

employment opportunity laws. A search of the Equal Employment Opportunity

Commission (EEOC) website will yield results of cases brought against healthcare

organizations for sexual harassment, failure to provide reasonable accommodation for

employees with disabilities, and discrimination against pregnant employees (EEOC, n.d.).

As a healthcare executive, you must take an active role in putting policies in place to

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ensure a safe working environment for the organization’s employees and to avoid

potential litigation due to discrimination.

You will develop an Equal Employment Opportunity Laws section for your organization’s

employee handbook. As you draft this section, consider the including the following

components:

The purpose of the policy.

Definitions of:

discrimination

discriminatory behavior

harassment

Your organization’s position regarding nondiscrimination issues.

The scope of the policy: which nondiscrimination issues will be addressed?

The federal and state nondiscrimination laws that will be addressed in the policy.

The procedure for filing a complaint.

How confirmed complaints will be resolved.

Length: a minimum of 3 pages (not including title page and reference page).

References: Include a minimum of 3 scholarly resources to support the professional

responsibility paper.

Your presentation should demonstrate thoughtful consideration of the ideas and concepts

presented in the course and provide new thoughts and insights relating directly to this

topic. Your response should reflect scholarly writing and current APA standards. Be sure

to adhere to Northcentral University's Academic Integrity Policy.

Upload your document and click the Submit to Dropbox button.