Practioner Data Bank Case

Authors Note: This paper is being submitted on the 18th of March 2013 for the winter semester of Medical Law and Ethics section 05.

A health care provider must understand many aspects of statutory duty. Duty is “a legal obligation imposed on one to conform to a recognized standard of care to safe guard the rights of others”. The standard of care is usually related to medical malpractice cases. Standard of care is defined as “the caution and prudence that a reasonable person would exercise under the circumstances or by appropriate authority for such situations”. This is mainly of importance because all physicians are expected to perform within the guidelines of this duty, and this standard or care changes depending on the circumstances. “Once the duty has been established, the plaintiff must show that it was breached by presenting evidence of the facts of the case and testimony from expert witnesses regarding whether the standard was met”(Showalter, 2014 p 139). Negligence results in the failure to meet this standard of care, and the jury usually decides if the defendant is guilty of committing a negligent act. Causation is an aspect of negligence. The defendant could be held liable for negligence if the act was considered to be foreseeable, and if the injury occurred from a breach of duty.

As a nurse it has happened to be an essential need to be conscious of the legal aspects associated with caring and serving people in the health industry today. Unfortunately, only fewer people want to get into the health care field fearing the legal aspects and the predictable law suits. The Tort Law is one of the legal aspects of the law that most nurses is more familiar with. This is the law that involved misconduct and negligence cases, which many nurses take the time to study in depth. This is one of the most universal and well-known laws, something that nurses and doctors must be familiar with, to maintain their care resourcefully.

The fifth member of the team is the medical records manager. She has a bachelors in healthcare management. Her expertise with HIPAA rules and regulations is crucial. It is her job to evaluate security of the new systems to ensure that patient confidentiality is not breached. She will have input form other healthcare managers as well as others in the medical records department.

As a member of a medical professional team, you will work closely with many physicians. As you have read this week, guarding the physician-patient relationship is serious business.

A second issue is malpractice. Malpractice issues are always present in an unstable environment where patients will seek to remedy an incident if they feel they have been harmed (Hamric, 2009). It is important to always act in a reasonable way as a health care clinician but unfortunately there are always those who are negligent in their actions as practitioners.

Part Two- Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care.

1) there is a legal obligation to use reasonable care. Michael has a legal obligation to protect others from harm. This also includes the legal responsibility of the Ed. Michael should have been aware of the existence of Ed, should not be dismissed without the first position. Meet the first requirement.

Civil complaints can arise when a patient feels as if they have been mistreated according to the “standard of care”. Some patients have legitimate cases, yet there are other people who are looking for a possible lawsuit. This paper will explore the process for filing a civil complaint against a physician. This paper will discuss what patients and consumers will use in the event of suspected misconduct or possible incompetence. It will also explore the roles of the respective regulatory agencies in investigating allegations and determining and applying any appropriate disciplinary actions. It will also identify any potential criminal liability

In the administration of medical services in the United States law and regulation now control much of professional life. (p. 586)

In summary, I try to convey that this course is comprehensive in nature and touches multiple aspects of the health care structure, both internal and external aspects. It deals with obtaining an understanding of types of health care information and systems, accreditation and associated agencies, changes in processes over the years, electronic health records and their importance, and most of all the vital importance of accuracy of health care data. Also, I convey the course includes the ethics involved, the implementation and benefits and risks associated with changing

Knowing that there are professional organizations which one can join, benefit and learn from is vital for all that is entering in health care service. I found them to be very important to be a part of these organizations simply because they incorporate professionalism in their training by promoting networking, Career development, providing updated information’s and many opportunities to explore in the field of expertise. I believe the more professional experience that one has the more prepared one will be in entering the field of medicine. I now know that in order to successfully enter in the field of medical practice, one must be prepared by utilizing all the information in Medical Ethics, professionalism, patient safety and privacy which

The theorist viewed nursing as a unique caring profession to serve others worldwide that is influenced by culture, social structure and environmental factors in different geographic areas. It is a profession with discipline knowledge to help people, whether ill or well, with their diverse care

Medical malpractice cases increases when a patient is harmed or injured by a doctor or nurse or other medical professional who fails to provide proper and better health care treatment. Fortunately, doctors, nurses, and hospitals make mistakes in a small number of cases. But within that small minority of cases, certain types of errors crop up more often than others.

Pinpointing an illness and helping to care for patients who have been wounded and or weakened is the job of a general and family practitioner (“Physicians” para. 1). Practitioner help to care for patients who have fallen sick or need medical attention; when a patient gets sick the first person who is usually called is their practitioner (“Family and” para. 1). Patients depend on you for any medical issue; therefore, the decisions you make will have an impact on the patients’ lives (“Family and” para. 2). As the first point of view for the patient your duties are to accurately analyze patents, record medical records, and give patients prescriptions as needed (“Physicians” para. 1). Non-public offices or a clinic is where most physicians carry out their daily routine; they mostly work with administrative and healthcare personnel in the non-public offices and clinics (“Physicians” para. 2). Being in this line of work, you are both sitting and standing, you are also working inside the majority of the time (“Family/General” para. 4). Family and General Physicians usually have the same