This milestone will give you the opportunity to receive feedback on the malpractice component of the Final Project.
Review the guidelines and rubric for this assignment to ensure you’ve included all the required elements. Here is where you can find more information about the case you will analyze for the assignment: Popovich v. Allina Health System. (https://law.justia.com/cases/minnesota/supreme-court/2020/a18-1987.html)
the link for the case is above.
IHP 420 Milestone One Guidelines and Rubric
Overview:
The final case study for this course will require you to analyze a court decision in which a hospital was found vicariously liable on a theory of apparent authority for professional malpractice in the form of negligence of an independent contractor. You will focus on facts pertaining to the medical standard of care, breach of care, and causation, and you will explain how they were applied to law. You will then use the facts of the case to identify an ethics issue and determine an ethical theory that would help provide a safe, quality healthcare experience for the patient. Next, you will apply a clinician–patient shared decision-making model to describe how the ethics issue could be resolved. You will also include a discussion about possible violations of the code of ethics in your given field. Lastly, you will augment or vary the facts of the case to create a hypothetical scenario that changes the outcome so that the hospital is no longer vicariously liable for professional malpractice in the form of negligence of an independent contractor.
For this milestone, you will start working on the case for the Final Project: Malpractice. Below you will find the name of the case you will investigate:
Popovich v. Allina Health System (same case as last time)
Prompt:
In this milestone, you will complete part of your analysis of the malpractice case. Using this analysis of the case, you will address the facts pertaining to the medical standard of care, breach of care, and causation.
Specifically, the following CRITICAL ELEMENTS must be addressed:
1. INTRODUCTION:
A. SUMMARIZE the selected case, including information on the stakeholders involved, the problem, and the time period in which the incident occurred.
2. MEDICAL MALPRACTICE COMPONENT: In this section, you will evaluate the case to address the legal components, the malpractice policies similar to this case, and the standard of care given to the patient and how it was breached. Then, you will draw connections to how this malpractice case impacted stakeholders and healthcare consumers outside of the case.
A. Explain the key LEGAL COMPONETS of the case, including the nature of the issue and the rules that applied.
B. Determine relevant MALPRACTICE POLICIES in place for addressing the issues within the case.
C. Analyze the malpractice case for the STANDARD OF CARE provided to the victim. Be sure to apply what the law states about standard of care to support whether or not it was breached in the case.
D. Analyze how the malpractice case would impact healthcare consumers from different CULTURAL BACKGROUNDS. For example, would this case have a similar impact on a person from a culture different from the one in the case? How could this incident change the views of these healthcare consumers toward the healthcare system?
E. Assess the malpractice case for ACCOUNTABILITY based on its severity. To what extent was the healthcare provider held accountable?
What to Submit:
Your paper should be a 2- to 3-page Microsoft Word document with double spacing, 12-point Times New Roman font, one-inch margins, and at least three sources cited in APA format.
RESOURCES THAT MAY OR MAY NOT HELP:
Textbook: Medical Law and Ethics, Chapters 5 and 6
Chapter 5 guiding questions:
1. What rights does a physician have when practicing medicine and accepting a patient?
2. What is the patient’s bill of rights?
3. What are implied consent and informed consent?
Chapter 6 guiding questions:
1. What are the four D’s of negligence?
2. What does liability refer to?
3. What are ways to prevent malpractice?
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Read this Shapiro Library article to learn about how the law impacts physician–patient relationships and binds physicians with long-standing and more recently added legal duties.
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Read this Shapiro Library article on the U.S. malpractice system and its effects on medical decision making.
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Read this Shapiro Library article to understand mechanisms of healthcare fraud and abuse.
Providing Language Services to Diverse Populations: Lessons from the Field
Click on the resource location link to access the article. This resource discusses the complexity of the healthcare regulation related to providing language services in a patient’s language of choice.
https://www.acponline.org/practice-resources/regulatory-resources/regulatory-compliance/overview-and-compliance-resources-for-anti-kickback-regulations-and-stark-law
Review this web resource to understand how anti-kickback regulations impact healthcare practices.
NEEDED BY SUNDAY MORNING! MAKE SURE TO READ EVERYTHING DONT FORGET TO SUBMIT Your paper should be a 2- to 3-page Microsoft Word document with double spacing, 12-point Times New Roman font, one-inch margins, and at least three sources cited in APA format.
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