mod3

MODULE #3 ASSIGNMENT for HIPAA, EMTALA, INFORMED CONSENT & ADVOCACY CAUSE

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. For this assignment you will have both a Word document and an Excel spreadsheet to upload. Copy the questions for Parts I – III below into a Word document. Type and save the questions and your answers in the Word document, using Times New Roman 12 point font, 1 inch margins.

Upload your Word file to the Dropbox by the due date and times posted in D2L.

There is no partial credit for preparing but not attending class or vice versa. 

Part I: Nolen v. Boca Raton Community Hospital case:

(1) Summarize the Facts: Briefly summarize the key facts of the case.

(2) Identify the Legal Issue: What is the legal issue (the reason the case is on appeal)?

(3) Plaintiff’s Arguments: What did Nolen argue as to why the hospital should be liable? (You may need to infer this from the case.)

(4) Defendant’s Arguments: What did the hospital argue in its defense? (You may need to infer this from the case)?

(5) Court’s Decision and Reasoning: In whose favor did the court rule? Why did the court rule this way?

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

Part II: Ashe v. Radiation Oncology Assoc case:

(1) Summarize the Facts: Briefly summarize the key facts of the case.

(2) Identify the Legal Issue: What is the legal issue (the reason the case is on appeal)?

(3) Plaintiff’s Arguments: What did Ashe argue as to why the hospital should be liable? (You may need to infer this from the case.)

(4) Defendant’s Arguments: What did the doctor argue in his defense? (You may need to infer this from the case)?

(5) Court’s Decision and Reasoning: What standard of informed consent did the court adopt? Why? In whose favor did the court rule and why?

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

Part III: Construct a Recommendation to the Health Care Ethics Labor & Delivery Dilemma

FORMULATE a Recommendation 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 LearnScapes episode. Instead, type your answers to the sections below as part of this assignment.

RECOMMENDATION:

a Section One - 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.

b Section Two - Recommendation: Clearly state your recommendation in a few sentences.

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

Indicate that you carefully considered and analyzed all facts and perspectives.

(1) Demonstrates that you paid close attention to the simulation.

(2) Considers both the legal and ethical issues.

(3) Is supported with evidence and facts stated in the simulation video.

(4) Is well-organized with a logical flow.

(5) Is clear in what why you are making your recommendation.

d Section Four- Fair Process:

(1) 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?

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

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

Mod 3 Assignment 5/11/21 Page 1