Module 2 Case- INFORMED CONSENT AND MEDICAL MALPRATICE: TORTS AND NEGLIGENCE
Required Reading
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Order Paper NowAlmgren, G. M. P. (2017). Chapter 5 – Long-term care of the aged and disabled in Health care politics, policy, and services: A social justice analysis. Springer Publishing Company.
Canterbury v. Spence, 464 F. 2d 772 (1972). Retrieved from https://openjurist.org/464/f2d/772/canterbury-v-spence
Friesen, P. (2018). Educational pelvic exams on anesthetized women: Why consent matters. Bioethics, 32(5). Retrieved from https://onlinelibrary.wiley.com/doi/full/10.1111/bioe.12441
Harris, D. M. (2014). The law of tort liability. In Contemporary Issues in Healthcare Law & Ethics (pp. 229-256). Chicago, IL: Health Administration Press. Retrieved from the Trident Online Library.
The Joint Commission. (2016). Informed consent: More than getting a signature. Quick Safety, 21. Retrieved from:
https://www.jointcommission.org/-/media/tjc/documents/newsletters/quick_safety_issue_twenty-one_february_2016pdf.pdf?db=web&hash=89A718D65B453C68DA80D1B773BD1F12&hash=89A718D65B453C68DA80D1B773BD1F12
Showalter, J. S. (2020). Consent for treatment and withholding consent. In The Law of Healthcare Administration (9th Ed., pp. 405-439). Chicago, IL: Health Administration Press. Retrieved from the Trident Online Library.
Sohn, D. (2013). Negligence, genuine error, and litigation. International Journal of General Medicine, 6,49-56. Retrieved from the Trident University Library.
CASE ASSIGNMENT
INFORMED CONSENT AND MEDICAL MALPRATICE: TORTS AND NEGLIGENCE
Assignment Overview
Litigation against health care providers can happen due to a myriad of factors. This assignment examines malpractice and intentional torts. Review the following article and background materials.
Sohn, D. (2013). Negligence, genuine error, and litigation. International Journal of General Medicine, 6,49-56. Retrieved from the Trident University Library. Please see additional reading attachment
You are a new practice manager in a small medical practice made up of individual providers. For a monthly “lunch and learn” session, you have been asked to prepare a presentation examining the more common forms of litigation against practitioners. Prepare a PowerPoint presentation addressing the following questions. You must include thorough speaker’s notes.
Case Assignment
- Explain the difference between negligence (malpractice) and battery (an intentional tort).
- Identify and explain the four elements of proof required in a negligence tort case.
- What is vicarious liability and how is it different from individual liability?
- Explain malpractice or “tort” reform. Why is it of importance and what are some of the remedies that are considered in tort reform?
- What are the ethical responsibilities of a medical practice in relation to negligence and battery? Be sure and include a discussion of ethical principles.