Part I: Negligence Liability

Part  I: Negligence Liability

Negligence, which is  often an unintentional  action, occurs when a person either performs or fails  to perform an  action that a reasonable professional person would or would not  have  performed in a similar situation (Fremgen, 2012).

When a person is injured,  they sue under  tort law (“a wrongful act against another person”). The  unintentional  tort of negligence is the most often cause of lawsuits for  healthcare  professionals (Fremgen, 2012).

Charges of negligence  against a physician  or other healthcare professional arise because the  patient or family is  not happy with the outcome of the treatment or procedure  (Fremgen,  2012). A jury in a negligence trial would have to determine if a   reasonable professional person would have done the same action.  Malpractice  is the wrongdoing or negligence committed by a professional  person, such as a  medical professional (Fremgen, 2012).

  • By  using your experience or resources on the Internet, present a case of  negligence against a physician. 
  • Will  such a case impact the liability of a hospital? Why or why not? 

Justify your  answers with appropriate  research and reasoning by using examples and  references from textbooks,  the South University Online Library, and other  acceptable references.  Cite sources in the APA format. Further, comment on  the postings of at  least two peers.

Part  II: Risk Management in Health Care

Risk management  is a practice used to  control or minimize the incidence of problem behavior  that might result  in injury to patients and employees, and ultimately, it  becomes a  liability for the physician/employer (Fremgen, 2012). A key factor  in  risk management is to identify problem behaviors and practices in an  organization  such as a hospital or medical office. A plan of action is  then put into  practice to eliminate these problem behaviors.

Accordingly,  respond to the following questions:

  • What  is the role of risk management and corporate compliance programs in a health  care facility? 
  • Will  the role of these programs differ depending on  the type of the facility, for  example, hospital versus nursing home?  Why or why not? 

Justify your  answers with appropriate  research and reasoning by using examples and  references from textbooks,  the South University Online Library, and other  acceptable references.  Cite sources in the APA format. Further, comment on  the postings of at  least two peers.

Source: 

Fremgen, B.  (2012). Medical law and ethics. (4th  ed.). Boston, MA: Prentice
             Hall.  

 
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