Risk Management & Health Care Regs

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Homework Week 4
1. How does OSHA protect health care employees?
OSHA is in place to help with strong reminders of the potential dangers existing in a health care facility. These reminders help health care facilities to function safely, efficiently and for safety and security incidents that seem to create a serious threat to the financial well-being of any health care organization. 2. What should be included in a waste management plan?

Define and designate those wastes to be considered and handled as infectious material. •Segregates infectious waste from noninfectious wast.
Establishes packing standards for waste disposal.
Sets storage guidelines.
Specifies disposal methods.
Details contingency measures for emergency situations.
Arranges for staff education.
3. What does the employee health department do to protect employees? They monitor employee’s health y giving periodic health exams for those employees that are exposed to a hazard environment, or giving health exams to those who are returning to work from an illness or injury to protect that employee and others. By monitoring, protecting and maintaining, hazards are controlled, and injuries are avoided or minimized. 4. Describe the functions of facility safety committee.

To set a facility safety plan in which to help to reduce liabilities to health care facilities, these plans are put together by the facility safety committee and the various institutional departments. These plans have to also conform to mandatory government regulations and several other agencies. 5. What is your regulatory agency and what type of license do you have? 6. Why is a national tracking agency for licensed physicians necessary? The national tracking agency for licensed physicians is necessary to keep track of physicians and any type of complaints or lawsuits that may have been filed on them. This is a sure way for patients to check the physician out before they decide to visit these physicians. 7.Does physician peer review override legal action against a physician? Physician peer review is legally protected ranging from complete immunity to qualified immunity. Peer reviewers prefer absolute immunity, since abuses of the process could result in unwarranted damages to professional reputations if the information became public. But, peer review participants have been subject to law suits, initiated mainly by physicians whose clinical privileges were revoked or denied. 8.What are some alternatives to malpractice litigation?

Both mediation and arbitration remove procedure bound litigation from the courtroom to an informal setting where neutral intermediaries work with litigants to resolve the problem. Mediators can only try to negotiate agreements. In contrast, arbitrators can make judgments and impose awards. About 15 states authorize a form of voluntary arbitration, and some states allow for pretreatment arbitration agreements between physicians and patients. 9. What are the requirements to prove megligence?

Four requirements define an act as one of negligence:
A legally recognized relationship exists between the parties. •The health care worker has a duty of care to the patient. •The health care worker breached the duty of care by failing to conform to the required standards of care. •The breach of duty was the direct cause of harm, resulting in compensable damages for the negligent actions. 10. How do negligence and malpractice differ?

Negligence is the improper treatment of neglect of a patient. Malpractice is the commission or omission of an action causing the injury that must arise from the exercising of professional medical judgment. For example, failure of a nurse to properly maintain an intravenous tube constitutes as professional malpractice, and failure to properly supervise the patient in the bathroom is ordinary negligence. 11. What are the sources of the Standards of Practice?

In 1998 the JCAHO Board of Directors recognized the...
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