1) Medical advances (new drugs‚ technologies‚ services and procedures). Medical advances are responsible for the increased healthcare costs. Patients demand these because they want the best healthcare possible. Physicians want these because they want the best for their patient‚ want to use cutting edge technologies for their status‚ for the increased financial reward for using them‚ and to practice “defensive medicine” (#3 below). With regard to drug trials‚ a study published in Health Affairs in
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and pay more for less professional liability coverage than physicians in virtually all other medical specialties except neurosurgery” (Levine‚ 2015). When a mother‚ who is expecting a child‚ comes across her delivery date‚ the lives of the mother and child are at the hands of the working obstetrician and gynecologist. “In most states there is a two year statute of limitations to file the medical malpractice claim. However‚ these states have certain stipulations that claim the injured party has two
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to adhere to regulatory compliance can impact a litigation process‚ which in the case of Stevens vs‚ Hickman Community Hospital was prominent when the Tennessee Court of Appeals dismissed the case based on failure to comply with Tennessee’s Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. This paper will include an IRAC Brief that will explain the case in detail followed by a brief explanation of governmental principles of regulatory compliance requirements
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branch of the governemt who evaluate laws‚ clarifies laws‚ resolves disagreements and decides if a law goes against the Constitution. According to Dana C. McWay‚ there are four elemens a AAG must show to succesed in a negligence clain for medical malpractice. The first element to provide is the “a duty of care is owed to the patient”( MacWay‚ 2016 ). This means the health care provider have the duty and responsible for provideding treatment or care to patient (Baranoski &
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Ethical and Legal Problems Faced by Nurse Practitioners HCA322: Health Care Ethics & Medical Law (BGE1226A) Instructor: Eugene Elliott Cara Gerlach 7/23/12 Ethical and Legal Problems Faced by Nurse Practitioners Every medical professional has or will face some ethical and legal issues in the Medical Field‚ the Nurse Practitioners (NP) are no different. Fant stated that in an ethical dilemma there are no right answers or solutions; however‚ in these dilemmas there are no wrong answers either
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Negative Assessment A common misconception by the supporters of the 2003 Medical Malpractice Tort Reform Act was that medical malpractice litigation was responsible for increasing healthcare costs and limited access to care. In retrospect‚ tort reform did have a number of demonstrable effects. The effect on health care administrators‚ patients and lawyers‚ and the current and future economic impact greatly outweigh the benefits of tort reform. Health Care Administrators The 2003 statue caused
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Amputation Mishap The Neighborhood News reports of a medical error at The Neighborhood Hospital. The report states a 62 year-old male patient underwent surgery to have his leg amputated only to discover the wrong leg was amputated during surgery. The newspaper article states the mishap is negligence. In the following paragraphs‚ negligence‚ gross negligence‚ and malpractice are discussed and determine if the newspaper’s statement of negligence is correct. Ethical principles in nursing and
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When patient care is compromised or the patient does not have a successful medical outcome‚ sometimes the legal system becomes involved. It is important to be aware of the terms negligence‚ gross negligence‚ and malpractice because they are often misunderstood. This paper attempts to provide a definition of each legal term in an effort to distinguish the difference between each term Application of negligence and malpractice will be applied through review of a newspaper article entitled‚ “Amputation
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interpretation and development despite medical advances‚ social and demographic changes and an increasingly complex healthcare delivery system that challenge the ability of nurses to provide safe quality of care. Should nurses fail to uphold certain standards and by doing so cause harm or injury to the client‚ they would be held liable in the tort of negligence. Description of a practical situation which raised ethical issues: Mr Lim 70 years old has been hospitalised for medical treatment with the diagnosis
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Wrongful birth By: Kelly Vaughn In March 2012‚ Arizona passed a bill that will prohibit medical malpractice lawsuits against doctors that withhold information from expectant mothers that may cause her to have an abortion. The bill is not currently a law yet in the state of Arizona but nine other states do have such laws. The states that do have wrongful birth laws are Pennsylvania‚ North Dakota‚ South Dakota‚ Utah‚ Idaho‚ Indiana‚ Missouri‚ Minnesota and North Carolina. A wrongful birth
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