Mod2

Mod 2 Steps:	INSTRUCTIONS:
1.	Read: Chapter 6 Introduction to Law (p.154-159) and Chapter 8 Organizational Ethics and the Law (p. 206-242) and Chapter 10 Physician Ethical and Legal Issues (p. 292 – 302) in our textbook, Legal and Ethical Issues for Health Professionals by George D. Pozgar (5th Edition).
2.	Look up the Tennessee Health Services and Development Agency website at the following link: ( https://www.tn.gov/hsda.html).  Read the information under the tabs: Certificate of Need Information; Certificate of Need History; Certificate of Need Basics; and Criteria for Review.
3.	Read the cases: · 1. Darling v. Charleston Community Memorial summary in the textbook on page 210.  2. NHC . SC DOH 1989 CON case (see link below)
4.	Read the three articles posted on D2L (see links below) · The Toughest Triage – Allocating Ventilators;  · Ethical Decision-Making About Scarce Resources: A Guide for Managers and Governors;  · Ethical Framework for the Allocation of Personal Protective Equipment (during COVID-19).
5.	Experience the Simulation: Go to the publisher’s site (Jones & Bartlett) using the access code that you purchased with your bundle and l og into the Navigate Scenario for Health Care Ethics First Edition Jones & Bartlett Learning.  Watch the episode : Stockpiling.    You do not need to answer the questions asked at the end of the simulation or submit your recommendation in an email. You will need to answer the questions I give you in Step 6 instructions below.
6.	Complete and upload your answers to Mod 2 Class Preparation and Participation (see link below). 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 so complete all steps and provide thoughtful written answers to the questions!

This module is dedicated to an overview of the vast array of legal duties of hospitals, as well as liability for negligence by hospitals and physicians. 

 

At the conclusion of this module, you should be able to:

 

· Describe the four basic elements of a negligence lawsuit, the meaning of corporate negligence and the doctrine of  respondeat superior, and the importance of the landmark case, Darling v. Charleston Community Memorial Hospital.

· Identify the key facts, legal issues, legal rule, court reasoning and decision in both the Darling v. Charleston Community Memorial case and the NHC v. South Carolina Department of Health case.

· Describe what a certificate-of-need is in Tennessee and the four criteria that an applicant must prove to be awarded a CON. 

· Experience a simulation related to a cancer drug shortage in one hospital and a stockpile in your own. Formulate your own recommendation to resolve the scarce resource dilemma synthesizing multiple stakeholder perspectives, legal concerns, guiding values and fair process principles.

· Persuasively articulate your position. Critique a peer’s argument and provide constructive feedback.

 

These outcomes correspond to the following course objectives:

 

· Identify a variety of key legal responsibilities, civil and criminal liability, perspectives and rights of major stakeholders, including selected healthcare organizations, providers, and patients, in the U.S. healthcare system.

· Evaluate and debate resolutions to current healthcare legal issues and ethical dilemmas by applying ethical and legal frameworks and reasoning.

· Creatively formulate and persuasively communicate your strategic recommendations to solve pressing health care problems with ethical and legal solutions.

The  Darling case is a “landmark” case. After reading the case and the textbook, see if you can figure out why this is such an important case.  In the  NHC case and on Tennessee’s website, we will explore how pre-approval from a state agency may be necessary before a new healthcare facility or service is initiated in some states through certificate-of-need laws.

We will also consider the scarcity of resources in healthcare.  COVID-19 has certainly brought to light how a pandemic can suddenly create a shortage of resources. However, a variety of healthcare resources are in short supply even without a pandemic.  Consider how to ethically allocate these resources as you read the articles for this module. You will also get to experience a simulation and make a recommendation when there is a shortage of a needed cancer drug.

Book: https://books.google.com/books?hl=en&lr=&id=j7J5DwAAQBAJ&oi=fnd&pg=PP1&dq=Legal+and+Ethical+Issues+for+Health+Professionals&ots=vMqsTnjhzu&sig=v_eGtmtjpSj1LUQwkxVISxwC79U#v=onepage&q=Legal%20and%20Ethical%20Issues%20for%20Health%20Professionals&f=false