Healthcare Law Discussions

1.  Find a newspaper or scholarly article where a health care organization or a provider was found guilty of malpractice, criminal negligence, false credentials, failure to treat or patient abandonment. Provide specific details of the case. Discuss with your colleagues 1. which critical health care error does the article address? 2. Explain the setting and details using your own words.  3. Drawing from your readings and experience to date, what do you assess are factors leading up to the error? Touch on duties and standard of care. No plagiarism!

Background sites to read

• http://www.ncsl.org/issues-research/human-services/child-abuse-and-neglect-reporting-statutes.aspx  [ table on state requirements]
• http://www.ncea.aoa.gov/  [The National Center for Elder Abuse]
• http://ctel.org/expertise/credentialing-and-privileging/  and http://publichealth.lacounty.gov/qi/docs/QIBriefCredentialingandPrivileging2-10.pdf  [credentialing and privileging]

2.  Provide two specific real life case examples that you find on the internet or in the print media of impaired providers. Discuss with your colleagues the legal and ethical issues in handling and reporting [to whom] impaired health care providers.  What constitutes impairment? What evidence must you have? What is ones liability for reporting and not reporting under a specific state law? Research and cite the specific law. What are health organizations potential liabilities?   Have you ever experienced this issue? How did you handle it? [no names please]  Should health organizations allow for rehabilitation of impaired providers?  Why or why not?  Provide citation of authority to support your response to discussion questions.   

http://www.aafp.org/fpm/2010/0100/p27.html  [Reaching Out to an Impaired Physician]

http://www.americannursetoday.com/article.aspx?id=8114&fid=8078  [The impaired nurse: Would you know what to do if you suspected substance abuse?]