Mod2

MODULE #2 WRITTEN ASSIGNMENT FOR Class Preparation and Participation

Healthcare Responsibilities and Liabilities: Allocating Scarce Resources, Negligence, and More

INSTRUCTIONS: This written assignment will not be separately graded but is your ticket to participate in class and receive a grade for Class Preparation and Participation. Save your answers in a Word document using 12-point Times New Roman font, 1-inch margins, double-spaced, minimum 3 pages. Upload your written assignment by the due date and times posted in D2L.

Part I: Darling v. Charleston Community Memorial Hospital – Benchmark case

1. Summarize the Facts:

0. Briefly summarize the key facts of the Darling v. Charleston Community Memorial Hospital case.

1. Identify the Legal Issue:

1. What is the legal issue (the reason the case is on appeal)?

1. Plaintiff’s (Darling’s) Arguments:

2. What did the plaintiff argue to support his claim of negligence?

1. Defendant’s (Charleston Community Hospital) Arguments:

3. What did the hospital argue in its defense? (You may need to infer this from the case)

1. Court’s Decision and Reasoning:

4. In whose favor did the court decide? Why did the court rule this way?

1. Evaluate Your Position: Take a position for the side that you favor in this case from both an ethical standpoint and from a legal standpoint. Is there a difference in your legal opinion and your ethical opinion? Briefly explain.

Part II: NHC v. South Carolina Dept of Health case

1. Summarize the Facts:

· Briefly summarize the key facts of the NHC v. South Carolina Dept. of Health case.

2. Identify the Legal Issue:

· What is the legal issue (the reason the case is on appeal)?

3. Plaintiff’s (NHC) Arguments:

· What did the plaintiff argue to support its claim?

4. Defendant’s (South Carolina DOH) Arguments:

· What did the Department of Health argue?

5. Court’s Decision and Reasoning:

· In whose favor did the court decide? Why did the court rule this way?

6. Evaluate Your Position: Take a position for the side that you favor in this case from both an ethical standpoint and from a legal standpoint. Is there a difference in your legal opinion and your ethical opinion? Briefly explain.

Part III: Construct Your Own Recommendation to the Health Care Ethics Stockpiling Dilemma

FORMULATE a Recommendation to deliver to the CEO of Bright Roads Health Care System by completing the four sections below.

NOTE: You do not have to answer the multiple choice questions at the end of the episode. Also, do not email your recommendation to me (the instructor) as indicated in the episode. Instead, type your answers to the sections below as Part III of this Assignment 2.

YOUR RECOMMENDATION TO THE HEALTH CARE ETHICS SIMULATION:

1. Guiding Values: Consider the most appropriate ethical values to resolve this dilemma. These values can be from our textbook, the article “Ethical Framework for the Allocation of Personal Protective Equipment” or from other sources. List the top three (3) Guiding Values that you consider highest priority to apply to this dilemma.

2. Recommendation: Clearly state your recommendation in a few sentences.

3. Reasons for Your Recommendation: Fully explain your recommendation in 2-4 paragraphs. Your explanation should meet the following criteria:

· Demonstrates that you paid close attention to the simulation.

· Considers both the legal and ethical issues.

· Is supported with evidence and facts stated in the simulation video.

· Carefully considers and analyzes all facts and perspectives.

· Is well-organized and logical.

· Is clear in what why you are making your recommendation.

4. Fair Process:

a) Did your decision-making process meet the first principle in the article, “Ethical Decision-Making About Scarce Resources: A Guide for Managers and Governors”? Why or why not?

b) Should Bright Roads publicize your recommendation (second principle)? Why or why not?

c) Was there effective stakeholder participation in this decision-making process? Why or why not?