The Protective Parent During a year career in medicine, Dr. Paul Griner accumulated hundreds of patient stories.
Orientation to law for non-lawyers Potential legal actions against health care providers There are two primary types of potential civil actions against health care providers for injuries resulting from health care: Medical treatment and malpractice laws are specific to each state.
Before a health care provider delivers care, ethical and legal standards require that the patient provide informed consent. If the patient cannot provide informed consent, then, for most treatments, a legally authorized surrogate decision-maker may do so.
In an emergency situation when the patient is not legally competent to give informed consent and no surrogate decision-maker is readily available, the law implies consent on behalf of the patient, assuming that the patient would consent to treatment if he or she were capable of doing so.
The information must be presented in a form that the patient can comprehend i. Similarly, the legal concept of informed consent refers to a state of mind, i. Health care facilities and providers use consent forms to document the communication process.
Initiatives at the federal level i. Failure to follow standard of care. The duty of care generally requires that the provider use reasonably expected knowledge and judgment in the treatment of the patient, and typically would also require the adept use of the facilities at hand and options for treatment.
The standard of care emerges from a variety of sources, including professional publications, interactions of professional leaders, presentations and exchanges at professional meetings, and among networks of colleagues. Experts are hired by the litigating parties to assist the court in determining the applicable standard of care.
States may also apply different standards to specialists and to general practitioners. The possibility that the parties will reach an agreement about the legal claims before or during trial, known as a settlement, means that the vast majority of initiated claims do not go through all three phases.
An understanding of the litigation process and its accompanying vocabulary can be helpful in providing a fuller understanding of the intersection of law, clinical ethics, and risk management. A lawsuit will begin when the plaintiff an allegedly injured patient files a complaint claim with the court.
The plaintiff is obligated to legally notify serve the defendant s e. In the complaint, the plaintiff presents the facts that are the basis for the lawsuit. The defendant is required to file an answer written response with the court, and to also provide the plaintiff with a copy within a specified period of time.
After filing a lawsuit and before trial, both sides plaintiff and defendant gather information using various methods known as discovery.
Discovery methods used may include interrogatories, which are written questions that the opposing side must answer under oath. Requests for production require the opposing side to provide documents to the other side. Requests for admissions require the opposing side to state that some facts are true before trial.
Witnesses can be required to answer questions in person under oath, known as a deposition, and may also be required to bring documents to the deposition. Although the information collected during discovery prepares the parties for trial, it also can be used as a basis for settlement.
Indeed, most civil lawsuits, including actions against health care providers, are settled and never go to trial before a judge or jury. To encourage the parties to find a resolution to a health care dispute before trial, a few states require the parties to submit to mediation.These 36 HEMATOGRAPHY Case Studies were added to the Web site between October, and September, The cases are factual and reflect medical practice of that time.
The cases are factual and reflect medical practice of that time. Vol. 12 •Issue 6 • Page 8 Coding Corner Case Studies: Digestive System Procedure Peggy Hapner, RHIA, CCS Case Study 1. Preoperative Diagnosis: Incarcerated left inguinal hernia Postoperative Diagnosis: Incarcerated direct left inguinal hernia; large lipoma of spermatic cord Procedure Performed: Left inguinal herniorrhaphy using Marlex mesh and lay-on, no tension technique.
THE COMPETITION FOR THIS CASE STUDY IS NOW CLOSED. THE ANSWERS ARE AT THE BOTTOM OF THE barnweddingvt.com year-old gentleman was seen by his GP 3 days ago with shortness of breath on exertion.
A case study is a scenario in a particular professional context which students are expected to analyse and respond to, guided by specific questions posed concerning the situation.
In many cases, the scenario or case study involves a. Case Studies Product Sampler Sample Assignment SAMPLE ASSIGNMENT FOR A PHARMACOLOGY CASE STUDY Prior to lab all students read the case study about Mr.Y and answer the questions.
Each case brings the user into the clinical setting and invites her to utilize the nursing process. The case studies provided below are designed to help you identify whether your study would be considered by NIH to be a clinical trial. Expect the case studies .