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HSA 515 Week 2 Discussion


Week 2 Discussion Application of Tort Law in Health Care Project Management Protocols” Please respond to the following: • * From the scenario, analyze the development of health care project management predicated on tort law. Ascertain the major ways in which tort law provides solutions to health care concerns, in light of the complexities of 21st Century health care administration roles. • Analyze the development of tort law from the concept and degree of negligence to the application of the law to strict / product liability. Evaluate the success of tort law in providing solutions to 21st Century health care disputes. Rationalize your answer by using any applicable legal precedents. HAS515 Week 2 Scenario Script: Project Management – Tort Law in Health Care Slide # Scene/Interaction Narration Slide 1 Scene 1 Professor Charles enters classroom and introduces the topics for today’s lesson and begins the lecture. Prof Charles: Hello everyone….welcome back to class. Today, we are going to discuss tort law with an emphasis on negligence in healthcare settings. The basic objectives of tort law are as follows: Preservation of peace between individuals by providing a substitute for retaliation; Culpability (to find fault for wrong doing); Deterrence (to discourage the wrongdoer “tort-feasor” from committing future wrongful doing); and Compensation (to identify the persons injured). The three basic categories of tort law are: Negligent torts; Intentional torts (e.g., assault, battery, false imprisonment, invasion of privacy, infliction of mental distress; and Strict liability, which is applied when the activity regardless of fault, intentions or negligence, is so dangerous to others that public policy demands absolute responsibility on the part of the wrongdoer, for example – products liability. Let’s first discuss negligence which is a tort or personal wrong. It is the unintentional commission or omission of an act that a reasonably prudent person would or would not do under any given circumstances. What are some examples? Casey: Administering the wrong medication, performing the surgical procedure on the wrong patient, performing the wrong surgical procedure, to name a few… Donald: I would agree, but I would add failure to order diagnostic tests, failure to assess a patient’s nutritional needs, and failure to conduct a thorough history and physical examination. Prof. Charles: Absolutely… what are some forms of negligence? Casey: I would say they are malfeasance, misfeasance, and misfeasance. Prof. Charles: Excellent Casey. What are the basic two degrees of negligence? Donald: They are ordinary negligence, the failure to do under the circumstances, what a reasonably prudent person would or would not do and gross negligence which is intentional or wanton omission of care that would be proper to provide, or the doing of that which would be improper to do. Prof. Charles: Great job, Donald! Now let’s take a closer look at the elements of negligence. Slide 2 Check Your Understanding Which of the following is an element of negligence? A. Beyond a reasonable doubt B. Duty to care C. Death Correct Feedback: B. Duty to care. There must be an obligation to conform to a recognized standard of care. Incorrect Feedback: A. Beyond a reasonable doubt C. Death Slide 3 Scene 2 Discussion between Prof Charles and students. Prof. Charles: A duty of care carries with it a corresponding responsibility not only to provide care, but also to provide it in an acceptable manner. The general standard of care is that which a reasonable prudent person is expected to do in a given situation. Deviation from the standard of care will constitute negligence if there are resulting damages or injuries. Some standards of care are influenced by medical ethics. Casey: Professor Charles…can you give us an example? Prof.


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