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1) Read the case study, "Hospital's Duty to Ensure Competency"
on pages 183-184 in the textbook.
2) Write a paper (1,250-1,500 words) that addresses the case
study's two Discussion prompts. Include a detailed rationale for
your answers.
Prepare this assignment according to the APA guidelines
This assignment uses a grading rubric. Instructors will be using
the rubric to grade the assignment.
Candler Gen. Hosp., Inc. v. Persaud,
Facts
On or about February 15, 1990, the patient in this case was
referred to Dr. Freeman for consultatio and treatment of
gallstones. Freeman recommended that the patient undergo a
laparoscopic laser cholecystectomy procedure. On February 16,
1990, Freeman requested and was granted temporary privileges
to perform the procedure. The privileges were granted based on
a certificate he had received after completing a laparoscopic
laser cholecystectomy workshop, which he took on February 10,
1990. Freeman performed the cholecystectomy on February 20,
1990, with the assistance of Dr. Thomas. A complaint by the
administrator of the patient’s estate, supported by an expert’s
affidavit, alleged that the cholecystectomy was negligently
performed, and as a result, the patient bled to death. The
complaint charged the hospital with negligence in permitting
Freeman to perform the procedure on the decedent without
having instituted any standards, training requirements, or
“protocols,” or otherwise instituted any method for judging the
qualifications of a surgeon to perform the procedure. The
complaint also alleged that the hospital knew or reasonably
should have known that it did not have a credentialing process
that could have assured the hospital of the physicians’
education, training, and ability to perform the procedure. The
trial court denied the hospital’s motion for summary judgment,
finding that the plaintiffs’ evidence was sufficient to raise a
question of fact regarding whether surgical privileges should
have been issued by the hospital to Freeman. The hospital
appealed. Issue Was there a material issue of fact as to whether
the hospital was negligent in granting the specific privileges
requested by Freeman? Holding The Georgia Court of Appeals
held that there was a material issue of fact as to whether the
hospital was negligent in granting the specific privileges
requested, thus precluding summary judgment. Reason The
court found that a hospital has a direct and independent
responsibility to its patients to take reasonable steps to ensure
that physicians using hospital facilities are qualified for the
privileges granted. The hospital owed a duty to the plaintiffs’
decedent to act in good faith and with reasonable care to ensure
that the surgeon was qualified to practice the procedure that he
was granted privileges to perform.
Discussion
1. Describe the credentialing issues in this case.
2. Discuss what steps a hospital should take to
help ensure that a physician is competent to
perform the procedures he or she is requesting
THE RUBRIC
Candler v. Persaud Case Study
1
Unsatisfactory
0.00%
2
Less Than Satisfactory
74.00%
3
Satisfactory
79.00%
4
Good
87.00%
5
Excellent
100.00%
70.0 %Content
40.0 %Reads and analyzes the Candler V. Persaud Case Study,
answers the discussion prompts, and includes a detailed
rationale for the answers.
Does not demonstrate understanding of the legal issues
surrounding the lawsuit. Does not demonstrate critical thinking
and analysis of the situation, and does not develop a rationale
for answers.
Demonstrates only minimal understanding of the legal issues
surrounding the lawsuit. Demonstrates only minimal abilities
for critical thinking and analysis of the situation, and develops
a weak rationale for the answers.
Demonstrates knowledge of the legal issues surrounding the
lawsuit, but has some slight misunderstanding of the
implications. Provides a basic idea of critical thinking and
analysis for the situation and rationale. Does not include
examples or descriptions.
Demonstrates acceptable knowledge of the legal issues
surrounding the lawsuit (in your own words). Answers the
questions and develops an acceptable rationale for the answers.
Utilizes some examples.
Demonstrates thorough knowledge of the legal issues
surrounding the lawsuit. Clearly describes the issues in the
discussion prompts and develops a very strong rationale for
answers. Introduces appropriate examples.
30.0 %Integrates information from outside resources into the
body of paper.
Does not use references, examples, or explanations.
Provides some supporting examples, but minimal explanations
and no published references.
Supports main points with examples and explanations, but fails
to include published references to support claims and ideas.
Supports main points with references, explanations, and
examples. Analysis and description is direct, competent, and
appropriate of the criteria.
Supports main points with references, examples, and full
explanations of how they apply. Thoughtfully, analyzes,
evaluates and describes major points of the criteria.
20.0 %Organization and Effectiveness
7.0 %Assignment Development and Purpose
Paper lacks any discernible overall purpose or organizing claim.
Thesis and/or main claim are insufficiently developed and/or
vague; purpose is not clear.
Thesis and/or main claim are apparent and appropriate to
purpose.
Thesis and/or main claim are clear and forecast the development
of the paper. It is descriptive and reflective of the arguments
and appropriate to the purpose.
Thesis and/or main claim are comprehensive. The essence of the
paper is contained within the thesis. Thesis statement makes the
purpose of the paper clear.
8.0 %Argument Logic and Construction
Statement of purpose is not justified by the conclusion. The
conclusion does not support the claim made. Argument is
incoherent and uses noncredible sources.
Sufficient justification of claims is lacking. Argument lacks
consistent unity. There are obvious flaws in the logic. Some
sources have questionable credibility.
Argument is orderly, but may have a few inconsistencies. The
argument presents minimal justification of claims. Argument
logically, but not thoroughly, supports the purpose. Sources
used are credible. Introduction and conclusion bracket the
thesis.
Argument shows logical progression. Techniques of
argumentation are evident. There is a smooth progression of
claims from introduction to conclusion. Most sources are
authoritative.
Clear and convincing argument presents a persuasive claim in a
distinctive and compelling manner. All sources are
authoritative.
5.0 %Mechanics of Writing (includes spelling, punctuation,
grammar, language use)
Surface errors are pervasive enough that they impede
communication of meaning. Inappropriate word choice and/or
sentence construction are used.
Frequent and repetitive mechanical errors distract the reader.
Inconsistencies in language choice (register), sentence
structure, and/or word choice are present.
Some mechanical errors or typos are present, but are not overly
distracting to the reader. Correct sentence structure and
audience-appropriate language are used.
Prose is largely free of mechanical errors, although a few may
be present. A variety of sentence structures and effective
figures of speech are used.
Writer is clearly in command of standard, written, academic
English.
10.0 %Format
5.0 %Paper Format (Use of appropriate style for the major and
assignment)
Template is not used appropriately, or documentation format is
rarely followed correctly.
Appropriate template is used, but some elements are missing or
mistaken. A lack of control with formatting is apparent.
Appropriate template is used. Formatting is correct, although
some minor errors may be present.
Appropriate template is fully used. There are virtually no errors
in formatting style.
All format elements are correct.
5.0 %Research Citations (In-text citations for paraphrasing and
direct quotes, and reference page listing and formatting, as
appropriate to assignment and style)
No reference page is included. No citations are used.
Reference page is present. Citations are inconsistently used.
Reference page is included and lists sources used in the paper.
Sources are appropriately documented, although some errors
may be present
Reference page is present and fully inclusive of all cited
sources. Documentation is appropriate and citation style is
usually correct.
In-text citations and a reference page are complete and correct.
The documentation of cited sources is free of error.

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1) Read the case study, Hospitals Duty to Ensure Competency on pa.docx

  • 1. 1) Read the case study, "Hospital's Duty to Ensure Competency" on pages 183-184 in the textbook. 2) Write a paper (1,250-1,500 words) that addresses the case study's two Discussion prompts. Include a detailed rationale for your answers. Prepare this assignment according to the APA guidelines This assignment uses a grading rubric. Instructors will be using the rubric to grade the assignment. Candler Gen. Hosp., Inc. v. Persaud, Facts On or about February 15, 1990, the patient in this case was referred to Dr. Freeman for consultatio and treatment of gallstones. Freeman recommended that the patient undergo a laparoscopic laser cholecystectomy procedure. On February 16, 1990, Freeman requested and was granted temporary privileges to perform the procedure. The privileges were granted based on a certificate he had received after completing a laparoscopic laser cholecystectomy workshop, which he took on February 10, 1990. Freeman performed the cholecystectomy on February 20, 1990, with the assistance of Dr. Thomas. A complaint by the administrator of the patient’s estate, supported by an expert’s affidavit, alleged that the cholecystectomy was negligently performed, and as a result, the patient bled to death. The complaint charged the hospital with negligence in permitting Freeman to perform the procedure on the decedent without having instituted any standards, training requirements, or “protocols,” or otherwise instituted any method for judging the qualifications of a surgeon to perform the procedure. The complaint also alleged that the hospital knew or reasonably should have known that it did not have a credentialing process that could have assured the hospital of the physicians’ education, training, and ability to perform the procedure. The
  • 2. trial court denied the hospital’s motion for summary judgment, finding that the plaintiffs’ evidence was sufficient to raise a question of fact regarding whether surgical privileges should have been issued by the hospital to Freeman. The hospital appealed. Issue Was there a material issue of fact as to whether the hospital was negligent in granting the specific privileges requested by Freeman? Holding The Georgia Court of Appeals held that there was a material issue of fact as to whether the hospital was negligent in granting the specific privileges requested, thus precluding summary judgment. Reason The court found that a hospital has a direct and independent responsibility to its patients to take reasonable steps to ensure that physicians using hospital facilities are qualified for the privileges granted. The hospital owed a duty to the plaintiffs’ decedent to act in good faith and with reasonable care to ensure that the surgeon was qualified to practice the procedure that he was granted privileges to perform. Discussion 1. Describe the credentialing issues in this case. 2. Discuss what steps a hospital should take to help ensure that a physician is competent to perform the procedures he or she is requesting THE RUBRIC Candler v. Persaud Case Study 1 Unsatisfactory 0.00% 2 Less Than Satisfactory 74.00% 3 Satisfactory 79.00% 4
  • 3. Good 87.00% 5 Excellent 100.00% 70.0 %Content 40.0 %Reads and analyzes the Candler V. Persaud Case Study, answers the discussion prompts, and includes a detailed rationale for the answers. Does not demonstrate understanding of the legal issues surrounding the lawsuit. Does not demonstrate critical thinking and analysis of the situation, and does not develop a rationale for answers. Demonstrates only minimal understanding of the legal issues surrounding the lawsuit. Demonstrates only minimal abilities for critical thinking and analysis of the situation, and develops a weak rationale for the answers. Demonstrates knowledge of the legal issues surrounding the lawsuit, but has some slight misunderstanding of the implications. Provides a basic idea of critical thinking and analysis for the situation and rationale. Does not include examples or descriptions. Demonstrates acceptable knowledge of the legal issues surrounding the lawsuit (in your own words). Answers the questions and develops an acceptable rationale for the answers. Utilizes some examples. Demonstrates thorough knowledge of the legal issues surrounding the lawsuit. Clearly describes the issues in the discussion prompts and develops a very strong rationale for answers. Introduces appropriate examples. 30.0 %Integrates information from outside resources into the body of paper. Does not use references, examples, or explanations. Provides some supporting examples, but minimal explanations
  • 4. and no published references. Supports main points with examples and explanations, but fails to include published references to support claims and ideas. Supports main points with references, explanations, and examples. Analysis and description is direct, competent, and appropriate of the criteria. Supports main points with references, examples, and full explanations of how they apply. Thoughtfully, analyzes, evaluates and describes major points of the criteria. 20.0 %Organization and Effectiveness 7.0 %Assignment Development and Purpose Paper lacks any discernible overall purpose or organizing claim. Thesis and/or main claim are insufficiently developed and/or vague; purpose is not clear. Thesis and/or main claim are apparent and appropriate to purpose. Thesis and/or main claim are clear and forecast the development of the paper. It is descriptive and reflective of the arguments and appropriate to the purpose. Thesis and/or main claim are comprehensive. The essence of the paper is contained within the thesis. Thesis statement makes the purpose of the paper clear. 8.0 %Argument Logic and Construction Statement of purpose is not justified by the conclusion. The conclusion does not support the claim made. Argument is incoherent and uses noncredible sources. Sufficient justification of claims is lacking. Argument lacks consistent unity. There are obvious flaws in the logic. Some sources have questionable credibility. Argument is orderly, but may have a few inconsistencies. The argument presents minimal justification of claims. Argument logically, but not thoroughly, supports the purpose. Sources used are credible. Introduction and conclusion bracket the
  • 5. thesis. Argument shows logical progression. Techniques of argumentation are evident. There is a smooth progression of claims from introduction to conclusion. Most sources are authoritative. Clear and convincing argument presents a persuasive claim in a distinctive and compelling manner. All sources are authoritative. 5.0 %Mechanics of Writing (includes spelling, punctuation, grammar, language use) Surface errors are pervasive enough that they impede communication of meaning. Inappropriate word choice and/or sentence construction are used. Frequent and repetitive mechanical errors distract the reader. Inconsistencies in language choice (register), sentence structure, and/or word choice are present. Some mechanical errors or typos are present, but are not overly distracting to the reader. Correct sentence structure and audience-appropriate language are used. Prose is largely free of mechanical errors, although a few may be present. A variety of sentence structures and effective figures of speech are used. Writer is clearly in command of standard, written, academic English. 10.0 %Format 5.0 %Paper Format (Use of appropriate style for the major and assignment) Template is not used appropriately, or documentation format is rarely followed correctly. Appropriate template is used, but some elements are missing or mistaken. A lack of control with formatting is apparent. Appropriate template is used. Formatting is correct, although some minor errors may be present.
  • 6. Appropriate template is fully used. There are virtually no errors in formatting style. All format elements are correct. 5.0 %Research Citations (In-text citations for paraphrasing and direct quotes, and reference page listing and formatting, as appropriate to assignment and style) No reference page is included. No citations are used. Reference page is present. Citations are inconsistently used. Reference page is included and lists sources used in the paper. Sources are appropriately documented, although some errors may be present Reference page is present and fully inclusive of all cited sources. Documentation is appropriate and citation style is usually correct. In-text citations and a reference page are complete and correct. The documentation of cited sources is free of error.