..bad investment choices, in addition to the underwriting cycle, have led to dwindling profits for insurers, who then try to recoup their losses through over-priced insurance products. Lawyers and consumer groups generally support efforts to reform the insurance industry in order to rein in premiums." (Cohen, 2005)
The work of Miller (2003) entitled: "Liability for Medical Malpractice: Issues and Evidence" states that over the past "...several years" witnessed has been an increase of a considerable nature in both the cost and the impact of "medical malpractice litigation." Miller states specifically that "...between 1994 and 2001, the typical medical malpractice award increased 176% to $1 million. The result has been higher malpractice insurance premiums for health care providers, which in turn has led to higher costs for the health care system as well as reduced access to medical services. In 2001, total premiums for medical malpractice insurance topped $21 billion, more than…...
mlaBibliography
Barry J. Nace, Changing medical malpractice liability will not reduce health care costs,
National Law Journal (Oct. 11, 1993).
Cohen, Henry (2005) Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages 11 Apr 2005. CRS Report for Congress. Online available at http://shelby.senate.gov/legislation/MedicalMalpractice.pdf
White, Michelle J. (1994) the Value of Liability in Medical Malpractice. Health Affairs Journal, Fall 1994. Online available at
Medical Malpractice Myth eview
A summary of the book
The Medical Malpractice Myth authored by Tom Baker, tackles the complex subject of medical malpractices in an insightful and concise manner. Mr. Baker is an accomplished professor of law who specializes in Insurance and Tort Law. In the first few pages of the book, Mr. Baker, lays out the myth; i.e. that an unprecedented number of people are filing medical malpractice lawsuits and that lawyers and their clients are reaping hundreds of thousands if not millions of dollars in unjustified awards, while medical doctors are struggling to pay huge insurance premiums which have already forced some to close their practices (Noah, 2005).
The book is written in eight chapters. In the first chapter, Baker lays out the myth and provides plenty of evidence to its contrary. He then points his readers to the real problem that is facing the health care industry; i.e. not…...
mlaReferences
Noah, B. A. (2005). Book Review: Tom Baker's the Medical Malpractice Myth (Doctoral dissertation, Western New England University).
Coombs, M. (n.d.). THE MEDICAL MALPRACTICE MYTH REVIEW. Retrieved November 16, 2016, from http://faculty.law.miami.edu/mcoombs/documents/Bakerreview.pdf
Baker, T. (2007). The medical malpractice myth. Chicago: University of Chicago Press.
However, Carol's use of the Internet for personal matters during the workday is also an example of how mixing work and personal matters can make it difficult for employees to get along. All workers should be reminded of the need to exercise good judgment and to keep work and personal matters separate. They should be referred to the relevant company policies in the employee handbook, if necessary. Bob in particular should receive additional sensitivity training in appropriate workplace behavior from an HR counselor. This type of incident should be a 'red flag' about the need for company-wide awareness about what constitutes harassment to avoid similar trouble in the future.
Scenario 5 Parking Dispute
Bert and Ernie live in the same condominium building, which has an owner's association and a resident manager. Each condo owner gets one parking space, but the spaces are not assigned.
Bert's perspective: For some reason, Ernie doesn't respect…...
Mitchell. The left arm of the child had to be amputated because of the unsuccessful vascular operation. According to the court session, there was a question to be answered in relation to the agency theory in determining the role of Dr. Williams in this encounter (Tenn Ct App 1970).
The article also focuses on reviewing the case of Edmands v. Chamberlain Memorial Hospital in the context of 1978. The case was against the hospital following the death of the plaintiff's husband having been taken to the emergency department of the hospital. Following deterioration of the health conditions, the patient was taken to the hospital the next day, which resulted into execution of an emergency surgery. Plaintiff's husband died in the course of the operation. According to the hospital, Dr. Loftis was never an employee to the institution, but a staff physician (Tenn Ct App 1937). The court stated the presence…...
mlaReferences
Malpractice. (2000).The Columbia Electronic Encyclopedia.
http://kids.infoplease.lycos.com/ipd/A0401963.html
Gross L (1998). The Professor Series, Agency and Partnership. New York, Larchmont, p 91
Dobbs D, Keeton RE, Owen DG, (1984). Prosser and Keaton on Torts. Keeton WP (ed). St.
legal issue and that pertains to respiratory care. As part of this article review, the author will give the purpose of the article, will answer as to why it is important to investigate the subject of the article, how the author(s) of the article carried out the task, the findings the article came, whether those findings were clearly stated and how much of article applied to the profession in which the author of this report works. While the author of this report has not been in any legal predicaments related to the field of respiratory care, it is indeed the field in which the author works.
The article that will be basis of this article review was published in 2001 and was found by the author of this report via an EBSCO search. As was requested and required by the assignment, the subject of the report is indeed one that…...
mlaReferences
Arnowitz, L. (2014). Joan Rivers cause of death: 'Predictable complication' during procedure. Fox News. Retrieved 28 June 2015, from http://www.foxnews.com/entertainment/2014/10/16/joan-rivers-died-due-to-predictable-complication-during-procedure-medical/
Larson, S., & Jordan, L. (2001). Preventable adverse patient outcomes: a closed claims analysis of respiratory incidents. AANA Journal, 69(5), 386-392.
Medical Malpractice/Frivolous Lawsuits
The Effect of Medical Malpractice/Frivolous Lawsuits on Healthcare
The costs of medical malpractice insurance are rising yearly. These expenses affect medical practitioners in a number of ways, including such things as from where they choose to practice medicine, to the number of tests and types and medical procedures ordered. Many doctors in various specialties are aware that the laws and regulations that govern malpractice insurance vary from state to state. Since the averages fluctuate dramatically a doctor will sometimes choose a location in which to practice based on malpractice insurance costs (Writing, NDI).
There are a number of factors that give rise to these variations among states, each individual insurer sets its own premiums for medical malpractice insurance, and these are based on incidents of litigation and other general assessments of the risk pool. This means the insurance companies providing insurance within the state look at the potential for lawsuits…...
mlaReferences
Baicker, K. & Chandra, A. (2004, August). "Do medical malpractice costs affect the delivery of health care?" (2006, March) The National Bureau of Econonmic Research. Retrieved January 24, 2013, from http://www.nber.org/aginghealth/fall04/w10709.html
Walker, J. (2011, December 5). Malpractice lawsuits in the U.S.: Trends over time and how recent reductions in damage awards could change medicine. Yale Journal of Medicine & Law: An Undergraduate Publication. Retrieved January 23, 2013, from http://www.yalemedlaw.com/2011/12/malpractice-lawsuits-in-the-us-trends-over-time-and-how-recent-reductions-in-damage-awards-could-change-medicine/
Writing, A. (NDI). The average cost for medical malpractice insurance. eHow.com. January 23, 2013, from http://www.ehow.com/about_5514154_average-cost-medical-malpractice-insurance.html#ixzz2J1LLiMBc
Health Care
The objective of this study is to discuss medical malpractice and to support the opinion that this is in need of a reform.
Many people die each year from medical errors and many others are seriously injured. It is reported that the Institute of Medicine's (IOM) "seminal study of preventable medical errors estimated as many as 98,000 people die every year at a cost of $29 billion." (American Association for Justice, 2011, p. 3) It is additionally reported that were the Centers for Disease Control (CDC) to "include preventable medical errors as a category, these conclusions would make it the sixth leading cause of death in America." (American Association for Justice, 2011, p. 1) In addition, it is reported that the Congressional udget Office (CO) states findings that "there were 181,000 severe injuries attributable to medical negligence in 2003 The Institute for Healthcare Improvement estimates there are 15 million…...
mlaBibliography
2014 PLUS-Medical PL-Symposium Focuses on Emerging Risks Associated with Affordable Care Act, Clinical Integration, New Technology (2014) The Medical Malpractice Monitor. 5 May 2014. Retrieved from: http://medicalliabilitymonitor.com/news/
Burkle, CM (2011) Medical Malpractice: Can We Rescue a Decaying System? Mayo Clinic Proceeding Apr 2011 86(4): 326-332. Retrieved from: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3068892/
Medical Negligence: The Role of America's Civil Justice System in Protecting Patients' Rights (2011) American Association for Justice. Feb 2011. Retrieved from: http://www.justice.org/resources/Medical_Negligence_Primer.pdf
Ottenwess, DM and Ottenwess, SP (2011) Medical Malpractice Tort Reform. Retrieved from: http://www.thehealthlawpartners.com/files/rm332_p30-36_features.pdf
Human esources
Medical malpractice litigations have become very common these days. Perhaps this could be because of the healthcare reform that is characterized with legal and regulatory issues. Confidentiality is an integral part of this reform (National Institute of Health, 2007). States Laws relating to privacy of health information that are inconsistent with the rule are overridden by Privacy ules. However, those not contrary to the Privacy ule have remained in force and effect (National Institute of Health, 2007).
There are circumstances when States Laws cannot be overridden by Privacy ule especially when it comes to State Laws that relate to privacy of individually identifiable health information. State laws the provide for reporting of disease or injury, child abuse, birth or death, conducting public health surveillance cannot be overridden by the Privacy ule (National Institute of Health, 2007). State Law here means a constitutional provision, a statute, a regulation, rule, or common…...
mlaReferences List
National Institute of Health (2007). HIPAA Privacy Rules and How it Impacts Research.
Retrieved November 8, 2013 from http://privacyruleandresearch.nih.gov/pr_05.asp
Winn, P.A. (2011). Confidentiality in Cyberspace: The HIPAA Privacy Rules and the Common
Law. Retrieved November 8, 2013 from http://smu.edu/ecenter/research/HIPAACommonLaw3.pdf
ole of isk Management in Medical Malpractice
The role of risk management in the health care industry begins with many preventative actions. One of the most argued and sensitive subjects in the last decade has been that of medical malpractice. Severe bleeding during operations, breathing problems due to incorrectly performed procedures, among other malpractice issues are becoming increasingly popular for legal suits between patients and medical providers. To fight back, medical providers are working to change the legal system (Grady, 2010). One simple questions remains. Is malpractice improving, or are laws simply protecting negligent medical providers?
History of Medical Malpractice
Preventable medical errors kill or injure hundreds of thousands of Americans annually. Of this amount, 98,000 are killed at a cost of $29 billion. Medical errors have become such a large cause of death that the Centers for Disease Control has claimed it as the sixth leading cause of death in America. Approximately…...
mlaReferences
American Association for Justice. (n.d.). How the civil justice system protects patients. Retrieved February 15, 2011 from http://www.justice.org/cps/rde/xchg/justice/hs.xsl/8683.htm
American Association for Justice. (n.d.). Preventable medical errors -- the sixth biggest killer in america. Retrieved February 15, 2011 from http://www.justice.org/cps/rde/xchg/justice/hs.xsl/8677.htm
American Association for Justice. (n.d.). The truth about "defensive medicine." Retrieved February 15, 2011 from http://www.nytimes.com/2010/11/25/health/research/25patient.html?ref=malpractice
Baker, T. (2005). The medical malpractice myth. Chicago: University of Chicago Press.
Current interest rates are 5% and the contract rate is 5%. The value of the contracted payment is $50,000. Should interest rates increase, there would again be a danger in the loss of potential funds, as the fixed rate agreement (i.e. The contract rate) would then be of a lower value than other potential interest earning activities.
c.
The next annual payment on an 6% interest rate cap on a notational amount of $1 million if current rates are 8%. The payment would be 2% of $1 million, or $20,000. If the interest rate drops below 6%, however, no payment will be made at all, and any drop in the interest rate as of the day of the contracted payment -- even a sudden drop limited to that day -- would result in a reduced or potentially vanished payment.
12.
Given the following yields on U.S. Treasuries, determine the spot rates and one-year…...
According to the work of Fulford (1994) in an Oxford Practice Skills Project eport "Three elements of practice (ethics, law and communication skills) are approached in an integrated teaching programme which aims to address everyday clinical practice. The role of a central value of patient-centered health care in guiding the teaching is described. Although the final aim of the teaching is to improve the actual practice, we have found three 'sub-aims' helpful in the development of the programme. These sub-aims are: increasing students' awareness of ethical issues; enhancing their analytical thinking skills, and teaching specific knowledge. (Hope, 1994)
In the work of Miles, et al. (1989) entitled "Medical Ethics Education: Coming of Age it is stated that "medical ethics education is instruction that endeavors to teach the examination of the role of values in the doctor's relationship with patients, colleagues and society. It is one form of a broad curricular effort…...
mlaReferences
Fryer-Edwards, PhD (2005) Tough Talk: Helping Doctors Approach Difficult Conversations - Resources for Teaching- Domains for Small Group Teaching Prelude 3 Department of Medical History and Ethics University of Washington School of Medicine.
Siegler, Mark MD (2001) Lessons from 30 Years of Teaching Clinical Ethics AMA Journal 2001 October.
St. Onge, Joye (1997) Medical Education Must Make Room for Student-Specific Ethical Dilemmas" Canadian Medical Association Journal 15 Apr 1987, 156(8).
Hicks, L. et al. (2001) Understanding the Clinical Dilemmas that Shape Medical Students' Ethical Development: Questionnaire Survey and Focus Group study. BMJ Journal 2001;322-709-71- 24 march 2001.
Ethics Case Study: Medical Law and Ethics
Jerry McCall is Dr. William's office assistant. He has received professional training as both a medical assistant and an LPN. He is handling all of the phone calls at the office while the receptionist is at lunch. During this period of time, a patient calls and says he must have a prescription refill for Valium, an antidepressant medication, called in right away to his pharmacy, since he is leaving for the airport in thirty minutes. The patient notes that Dr. Williams is a personal friend and always gives him a small supply of Valium when he has to fly. No one except Jerry is in the office at this time.
Does Jerry's Medical Training Qualify Him to efill the Order?
While Jerry's medical training qualifies him to receive a prescription order and transcribe it accurately for other nurses or physicians to implement or transmit to a…...
mlaReferences
Lloyd, H. (2010). Workers' compensation: a brief history. Florida Department of Financial Services. Web. Retrieved from: on 1 November 2011.http://www.myfloridacfo.com/wc/history.html
Minnesota Board of Nursing. (2010). Nurses and prescribing. Web. Retrieved from:
on 1 November 2011.http://www.state.mn.us/mn/externalDocs/Nursing/NURSES_AND_PRESCRIBING_090904125323_Prescribing%20FAQ2.pdf
Nowicki, M. And Summers, J. (2004). Reducing your credibility liability. Healthcare Financial Management, 58.4: pp. 94-97. Web. Retrieved from: ProQuest Database.
Health Care Situation: Medical Error Due to Doctors' Bad Handwriting
Identify a health care news situation that affects a health care organization such as a hospital, clinic or insurance company.
I have identified the following health care news situation as the topic of my paper: "Poor Handwriting of Doctors and its implied risks for the Patient, Hospital and Medical Malpractice Insurance." Poor handwriting of physicians resulting in poor legibility of entries into patients' medical records carries very dramatic risks for all above-mentioned interest bearers. It can result in severe health danger for the patient and - in extreme situations - even cause a patient's death. Doctors' bad penmanship has long been seen a problem within organized medicine and the patient safety movement. Three American Medical Association (AMA) policies dating back to 1992, urge doctors to "improve the legibility of handwritten orders for medications" and review all orders for accuracy and legibility after…...
mlaReferences
Berwick, Donald M. & Winickoff, David E. (1996). The truth about doctors' handwriting: a prospective study. BMJ Vol. 313 (21-28 December 1996). 1657-1658. www.bmj.com/content/313/7072/1657.full, accessed 21 August 2011.
Bruner, Anne & Kasdan, Morton.L. Handwriting Errors: Harmful, Wasteful and Preventable.
1-4. www.kyma.org/uploads/file/.../Harmful_wasteful_and_preventable.pdfSimilar, accessed 22 August 2011.
Gallant, Al. (22 November 2009). For a secure electronic health record implementation, user authentication is key. 1-2). searchhealthit.techtarget.com/.../User-authentication-is-critical-for-pl.., accessed 24 August 2011.
Department of Veterans Affairs Medical Center, Oklahoma City, Oklahoma
Today, the Department of Veterans Affairs (VA) operates the nation's largest healthcare system through the Veterans Health Administration (VHA), including 152 medical centers (VAMCs), 800 community-based outpatient clinics and numerous state-based domiciliaries and nursing home care units (About VA, 2016). As the second-largest cabinet agency in the federal government, the VA's budget exceeds the State Department, USAID, and the whole of the intelligence community combined) with more than $60 billion budgeted for VHA healthcare (Carter, 2016). One of the VHA's largest medical centers that provides tertiary healthcare services to eligible veteran patients is the Oklahoma City VA Medical Center (OKC VAMC) in Oklahoma City, Oklahoma. Like several other VAMCs, the OKC VAMC has recently been implicated in a system-wide scandal concerning inordinately lengthy patient waiting times and misdiagnoses which may have contributed to the deaths of some veteran patients and jeopardized others.…...
mlaReferences
About the Oklahoma City VA Medical Center. (2016). Oklahoma City VA Medical Center. Retrieved from http://www.oklahoma.va.gov/about/ .
About VA. (2016). Department of Veterans Affairs. Retrieved from / about_va/vahistory.asp.http://www.va.gov
Breen, K. J. & Plueckhahn, V. D. (2002). Ethics, law, and medical practice. St. Leonards, NSW: Allen & Unwin.
Carter, P. (2016). How to fix the VA. Slate. Retrieved from / the_works/2016/03/25/slate_s_infinite_scroll_implementation_explained.html.http://www.slate.com/blogs
Business Plan
Professional Medical Transportation:
In order to prepare a Business Plan, it is worthwhile to note that professional medical transportation can be offered both as an emergency as well as non-emergency service. Services offered could be Priority Medical Dispatch, 911 Pre-arrival instructions, Emergency Ambulance Service, Wheelchair service and Scheduled Ambulance Service. Since Priority Medical dispatch will be taking the 911 calls, it has to be ensured that ambulance possessing the most sophisticated equipment and qualified medical experts reach during emergency situations. As regards 911 pre-arrival instructions, the dispatchers will be answering 911 callers, the information they require to tackle an emergency medical situation till arrival of the ambulance. (Services we offer)
Under Emergency Ambulance Service, paramedics and emergency medical specialist have to attend to emergency calls and deal with transfers among health care facilities, round the clock, all seven days in a week. Under Wheelchair service, non-emergency patients using wheelchairs get to…...
mlaReferences
Medicaid/Reach up Program. Vermont Public transport Association. Retrieved from Accessed on 6 February, 2005http://www.vpta.net/publicservice_medical.html
Medical Transportation. Prince William Health System. Retrieved from / Accessed on 6 February, 2005http://www.pwhs.org/patients/transportation
Services we offer. Allina Hospitals and clinics. 2004. Retrieved from Accessed on 6 February, 2005http://www.allina.com/ahs/transport.nsf/page/AMT_services
Essay Topics Related to the Daubert Standard
The Daubert standard, established by the Supreme Court in 1993, has had a profound impact on the admissibility of expert testimony in federal courts and has been influential in many state courts. The standard is designed to ensure the reliability and validity of expert testimony by requiring that it be based on scientific knowledge and methodology.
Here are some essay topics that explore various aspects of the Daubert standard:
Topic 1: The Evolution and Significance of the Daubert Standard
Trace the historical development of the Daubert standard and its impact on the admissibility of expert testimony.
....
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