2315 Ch 6 Summative Assessment

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Nashville State Community College *

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2315

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Law

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Apr 3, 2024

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CHAPTER 6 DISCUSSIONS 1A Intentional Tort Please watch this video: https://www.youtube.com/watch? v=4hvGIETLfkM Discuss the 4 elements required for medical malpractice. o Duty of care: The plaintiff must prove the existence of a legal relationship between himself or herself and the defendant. Duty is defined as a legal obligation of care, performance, or observance imposed on one to safeguard the rights of others. This duty may arise from a special relationship such as that between a physician and a patient. o Breach of Duty: After a duty to care has been established, the plaintiff must demonstrate that the defendant breached that duty by failing to comply with the accepted standard of care required. Breach of duty, the second element that must be present for a plaintiff to establish negligence, is the failure to conform to or the departure from a required obligation owed to a person. The obligation to perform according to a standard of care may encompass either performing or refraining from performing a particular act. o Injury/ Actual Damages: A defendant may be negligent yet not incur liability if there is no injury or actual damages suffered by the plaintiff, the third element necessary to establish negligence. Injury includes more than physical harm. Without harm or injury, there is no liability. Injury is not limited to physical harm but includes loss of income or reputation and compensation for pain and suffering. o Causation: Causation, the fourth element necessary to establish negligence, requires that there be a reasonable, close, and causal connection between the defendant’s negligent conduct and the resulting damages suffered by the plaintiff. In other words, the defendant’s negligence must be a substantial factor causing the injury. Proximate cause is a term referring to the relationship between a breached duty and the injury. The breach of duty must be the proximate cause of the resulting injury. 1B False Imprisonment Please watch this video: https://www.youtube.com/watch? v=bcvCMCg57m4 Discuss the ethical ramifications of imprisoning someone falsely. How could this be avoided? False imprisonment is the act of restraining a person against his/her will in a bounded area without any justification. False imprisonment generally refers to the confinement of a person without the consent of such person or without legal authority. For example, if a person wrongfully prevents another from leaving a room
CHAPTER 6 DISCUSSIONS or vehicle when that person wants to leave, it amounts to false imprisonment. Consent, justification, and self-defense or defense of others are all defenses to hostage false imprisonment. Which is best – falsely imprisoning sometimes or sometimes allowing guilty people to be free? It is best to sometimes let the guilty person to be free than imprisoning an innocent person. 1C What should you do? You have a job as Practice Manager / Coder at a physician office owned by a physician (MD) with 1 additional part-time MD and 1 nurse practitioner (NP). The practice has an EHR and sees approximately 30 patients per day. There have been issues with the billing historically, and you were hired to sort this out. After establishing yourself at the practice, you think things are going well until the NP came into your office with alarming information. He stated that the MD owner of the practice comes in every day to review his medical records as usual; however, he noticed upon return visits of patients that the previous medical documentation seemed to be embellished. Of course, adding to the number of body systems examined would increase the level of exam, thereby making the level of service higher, and the reimbursement higher. The NP then started reviewing his own records the next morning to see if his thoughts about the embellishment were correct and found that it was true that the MD was adding to the records body parts which were not actually examined. o What laws are being potentially broken by this embellishment of records? Healthcare fraud o What potential harm might this cause the patient? Inaccurate medical records, an early, unexpected exhaustion of a patient's medical insurance coverage, and higher bills for the patient to pay. o What should you do as the practice administrator? I would make sure that the information I received was true. I would try to collect evidence of the medical records before and after the doctor falsely changed the information, and then submit a HIPAA complaint. 1D Caregiver Court Case Study Please review this video:
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