The document provides answers to questions related to a Consumer Laws and Medical Profession assignment with a total of 150 marks. It discusses key topics like the scope and meaning of consumer disputes, the definition of "deficiency in service" under the Consumer Protection Act, consumer jurisdiction over medical negligence cases, the need for consumer forums to be careful against vexatious complaints against doctors and hospitals, and the duties of doctors, legal and ethical issues in medical practice, the role of expert opinions in medical negligence cases, and settled legal principles regarding medical negligence. The document provides detailed explanations and analyses of these important topics.
Mh0058 – legal aspects in healthcare administrationsmumbahelp
DRIVE WINTER 2013
PROGRAM MBA/MBAHCSN3 - Sem 4 / PGDHSMN - Sem 2
SUBJECT CODE & NAME MH0058 – Legal Aspects in Healthcare Administration
BK ID B1322
Credit and Max. Marks 4 credits; 60 marks
Mh0058 – legal aspects in healthcare administrationsmumbahelp
DRIVE WINTER 2013
PROGRAM MBA/MBAHCSN3 - Sem 4 / PGDHSMN - Sem 2
SUBJECT CODE & NAME MH0058 – Legal Aspects in Healthcare Administration
BK ID B1322
Credit and Max. Marks 4 credits; 60 marks
finance in dentistry is based on soben peter article said about the varies methods of financing in the world for dentistry and which i included some indian methods in financing as well as kerala.
https://userupload.net/yk8shpcpwk19
Dentistry can do so much these days to improve a person’s health, appearance and self-confidence. From barely noticeable braces that straighten crooked smiles to dental implants that replace missing teeth, there is a state-of-the-art solution to virtually any dental problem. Of course, like anything that involves the time and resources of skilled professionals, highly technical and sophisticated dental treatment doesn’t come inexpensively; indeed, the phrase “you get what you pay for” probably applies doubly to dentistry. Also, the types of treatment mentioned above, as well as many others, are often considered elective and therefore may not be covered (or only partially covered) by dental insurance. This can be the case even when a given procedure offers proven health benefits.
This presentation goes over the basic steps on how to get a standing frame/stander covered by public or private insurance. Topics include the process to obtaining a standing frame, team players (PT, OT, DME Supplier, consumer/family) and their roles, how to write a successful letter of medical necessity/justification, research studies on the benefits of standing, and how to appeal a denial for a stander and use resources such as PAAT and AT projects.
For more Info visit www.healthlibrary.com "What is Medical Negligence" by Dr. Ghazala Shaikh held on 23rd Mar 2016.
Public awareness of medical negligence in India has increased but the 'term' is till misunderstood by the common man. Its medical negligence is needs to be explained and understood in legal perspective and merits of the case has to be find out by the medico legal consultants.
A comprehensive review of the Medicare appeal process. Appropriate for all SNF nursing staff, management, and therapy professionals. The presentation discusses the level of Medicare appeal, how facilities can thoroughly and timely manage the appeal process, and how facilities can participate in a successful ALJ hearing.
Diagnotes medical-answering-service-weak-links Diagnotes, Inc.
This presentation highlights the weaknesses inherant in today's medical answering services and introduces the concept of medical answering service automation.
This presentation provides a comprehensive pro-active review of program development for long-term care patients in the SNF. The course outlines suggestions for how rehabilitation team members can strengthen the Medicare Part B programming in the nursing facility. An overview of the Medicare Part B Guidelines, Part B Caps, Functional Limitation G-Codes, and Manual Reviews is also provided. The presentation also discusses Medicare Part B documentation, goal writing and reasons for denied claims.
1. Gain an understanding of Proactive Medicare Part B Program Development and how to strengthen the program components.
2. Gain a better understanding of Medicare Part B documentation components, goal writing and potential risk for receiving denied claims.
3. Gain an understanding of Medicare Part B Guidelines, Medicare Part B Caps, Functional Limitation G-Codes and Medical Reviews.
What Does a Medical Assistant Need to Know? Part 1Everest College
Medical assistant students are trained in several fields. These classes will teach you everything you need to know to become a successful medical assistant.
finance in dentistry is based on soben peter article said about the varies methods of financing in the world for dentistry and which i included some indian methods in financing as well as kerala.
https://userupload.net/yk8shpcpwk19
Dentistry can do so much these days to improve a person’s health, appearance and self-confidence. From barely noticeable braces that straighten crooked smiles to dental implants that replace missing teeth, there is a state-of-the-art solution to virtually any dental problem. Of course, like anything that involves the time and resources of skilled professionals, highly technical and sophisticated dental treatment doesn’t come inexpensively; indeed, the phrase “you get what you pay for” probably applies doubly to dentistry. Also, the types of treatment mentioned above, as well as many others, are often considered elective and therefore may not be covered (or only partially covered) by dental insurance. This can be the case even when a given procedure offers proven health benefits.
This presentation goes over the basic steps on how to get a standing frame/stander covered by public or private insurance. Topics include the process to obtaining a standing frame, team players (PT, OT, DME Supplier, consumer/family) and their roles, how to write a successful letter of medical necessity/justification, research studies on the benefits of standing, and how to appeal a denial for a stander and use resources such as PAAT and AT projects.
For more Info visit www.healthlibrary.com "What is Medical Negligence" by Dr. Ghazala Shaikh held on 23rd Mar 2016.
Public awareness of medical negligence in India has increased but the 'term' is till misunderstood by the common man. Its medical negligence is needs to be explained and understood in legal perspective and merits of the case has to be find out by the medico legal consultants.
A comprehensive review of the Medicare appeal process. Appropriate for all SNF nursing staff, management, and therapy professionals. The presentation discusses the level of Medicare appeal, how facilities can thoroughly and timely manage the appeal process, and how facilities can participate in a successful ALJ hearing.
Diagnotes medical-answering-service-weak-links Diagnotes, Inc.
This presentation highlights the weaknesses inherant in today's medical answering services and introduces the concept of medical answering service automation.
This presentation provides a comprehensive pro-active review of program development for long-term care patients in the SNF. The course outlines suggestions for how rehabilitation team members can strengthen the Medicare Part B programming in the nursing facility. An overview of the Medicare Part B Guidelines, Part B Caps, Functional Limitation G-Codes, and Manual Reviews is also provided. The presentation also discusses Medicare Part B documentation, goal writing and reasons for denied claims.
1. Gain an understanding of Proactive Medicare Part B Program Development and how to strengthen the program components.
2. Gain a better understanding of Medicare Part B documentation components, goal writing and potential risk for receiving denied claims.
3. Gain an understanding of Medicare Part B Guidelines, Medicare Part B Caps, Functional Limitation G-Codes and Medical Reviews.
What Does a Medical Assistant Need to Know? Part 1Everest College
Medical assistant students are trained in several fields. These classes will teach you everything you need to know to become a successful medical assistant.
Law Related to Governing the Commissioning of Hospital
Laws Governing the Qualifications / Practice and Conduct of Professionals
Law Governing Storage / Sale of Drugs and Safe Medication
Law Governing Biomedical Research
Law Governing to Management of Patients
Law Governing Medico Legal Aspects
Law Governing The Safety of Patients, Public and Staff within the Hospital Premises and Environmental Protection
Law Governing the Safety of Patients, Public and Staff within the Hospital Premises
Laws Governing the Employment of Manpower
Law Governing to Professional Training and Research
Regulations Governing the Business Aspects of Hospital
Case Study of Hospitality, Having Good quality photos, best detail about hospital, every detail about hospital, best clarity, flow chart made, all plans available, about orientation, best presentation, scored full marks
hope everyone will love it.
Patient Rights, Patients Bill, ConSumer Protection Act, Nurse and Patient Bill of Rights,
Hospital and Bill of Rights for Patient, Rights of the Pateint, Legal Issues for Patients
Running Head MEDICAL MALPRACTICE LAWSUIT1 MEDICAL MALPRACTICE .docxglendar3
Running Head: MEDICAL MALPRACTICE LAWSUIT 1
MEDICAL MALPRACTICE LAWSUIT 5
Term Paper “The Lawsuit of Medical Malpractice”
Marilyn Diaz
Professor George Ackerman
PLA4522 Health Care Law
July 17th, 2019
Abstract
This paper explores “Medical Malpractice” in the field of law in detailed explanation. The paper begins with an introduction to medical malpractice giving statistics and data. Data from the European Union is used to give a detailed illustration. The introduction is followed by elements of medical malpractice lawsuit, defenses to a medical malpractice lawsuit, ways of avoiding a medical malpractice lawsuit and the policy of medical insurance. The method used to gather information was reading of various articles on the subject. The results of the study revealed an increase in the number of medical malpractice cases. Results also revealed that some medical practitioners are using the defenses available in medical malpractice lawsuit to evade penalties. The study emphasizes on ways in which physicians can avoid malpractice by way of precautionary measures.
The Lawsuit of Medical Malpractice
Introduction
Medical malpractice is a precise kind of negligence defined as an act of omission by a physician during treatment of a patient that departs from accepted standards of practice in the health sector and causes an injury to the patient (Bal, 2009). In the last decade, medical malpractice has increased in Europe to double-digit percentage i.e. >50% in Eastern States, Great Britain and the Baltic, a maximum three-digit percentage i.e. 200-500% in Mediterranean area, Germany, the Iberian countries and Italy. France and Scandinavian counties have seen reduction in malpractice because of simplification of procedures and exemplary innovations.
The Special Eurobarometer on Medical Error in 2006 revealed that 80% of EU citizens view medical error as a key issue and close to 50% believed they would be tangled in a case of medical malpractice. This revealed that the public has become aware that claims of medical malpractice against health practitioners can be successful. In Sweden and Denmark between 2005-2010, the ratio of approval for compensatory claims rose to 40%, the average settlement of around €30,000 per case in EU countries. The European Hospital and Healthcare Federation Standing Committee estimates cost of coverage to be in excess of 200%. Costs fluctuated between 9 and 15 euros per capita with Britain exhibiting the highest figures (Ferrara, 2013).
Elements of a Medical Malpractice Lawsuit
The burden of proof in a Medical Malpractice Lawsuit lays on the plaintiff. The plaintiff needs to prove all the elements of medical malpractice in order to stand chance of success in a courtroom.
Existence of physician-patient relationship. Breach of duty of cared owed to patient by physician. Duty upheld at a professional standard of care. Duty of the physician to the patient established by the relationship. Patient sust.
Running Head MEDICAL MALPRACTICE LAWSUIT1 MEDICAL MALPRACTICE .docxtodd581
Running Head: MEDICAL MALPRACTICE LAWSUIT 1
MEDICAL MALPRACTICE LAWSUIT 5
Term Paper “The Lawsuit of Medical Malpractice”
Marilyn Diaz
Professor George Ackerman
PLA4522 Health Care Law
July 17th, 2019
Abstract
This paper explores “Medical Malpractice” in the field of law in detailed explanation. The paper begins with an introduction to medical malpractice giving statistics and data. Data from the European Union is used to give a detailed illustration. The introduction is followed by elements of medical malpractice lawsuit, defenses to a medical malpractice lawsuit, ways of avoiding a medical malpractice lawsuit and the policy of medical insurance. The method used to gather information was reading of various articles on the subject. The results of the study revealed an increase in the number of medical malpractice cases. Results also revealed that some medical practitioners are using the defenses available in medical malpractice lawsuit to evade penalties. The study emphasizes on ways in which physicians can avoid malpractice by way of precautionary measures.
The Lawsuit of Medical Malpractice
Introduction
Medical malpractice is a precise kind of negligence defined as an act of omission by a physician during treatment of a patient that departs from accepted standards of practice in the health sector and causes an injury to the patient (Bal, 2009). In the last decade, medical malpractice has increased in Europe to double-digit percentage i.e. >50% in Eastern States, Great Britain and the Baltic, a maximum three-digit percentage i.e. 200-500% in Mediterranean area, Germany, the Iberian countries and Italy. France and Scandinavian counties have seen reduction in malpractice because of simplification of procedures and exemplary innovations.
The Special Eurobarometer on Medical Error in 2006 revealed that 80% of EU citizens view medical error as a key issue and close to 50% believed they would be tangled in a case of medical malpractice. This revealed that the public has become aware that claims of medical malpractice against health practitioners can be successful. In Sweden and Denmark between 2005-2010, the ratio of approval for compensatory claims rose to 40%, the average settlement of around €30,000 per case in EU countries. The European Hospital and Healthcare Federation Standing Committee estimates cost of coverage to be in excess of 200%. Costs fluctuated between 9 and 15 euros per capita with Britain exhibiting the highest figures (Ferrara, 2013).
Elements of a Medical Malpractice Lawsuit
The burden of proof in a Medical Malpractice Lawsuit lays on the plaintiff. The plaintiff needs to prove all the elements of medical malpractice in order to stand chance of success in a courtroom.
Existence of physician-patient relationship. Breach of duty of cared owed to patient by physician. Duty upheld at a professional standard of care. Duty of the physician to the patient established by the relationship. Patient sust.
Mh0058 – legal aspects in healthcare administrationsmumbahelp
Dear students get fully solved SMU MBA assignments
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You have been working on this project for weeks, and now it is twalthamcoretta
You have been working on this project for weeks, and now it is time to submit your final version. This should be a complete, polished artifact that contains all of the required critical elements and incorporates the feedback you received from your instructor on Milestones One and Two. This is your opportunity to shine!
To complete this assignment, review the
Final Project I Guidelines and Rubric
document.
Note:
This activity is one of many that will contribute to the completion of the final projects. See the
Final Project Assignment Table
for more information.
Healthcare professionals must have a strong working knowledge of ethics and law to be competent and successful. A qualified professional knows how to provide safe, quality healthcare to a population of culturally diverse consumers. To address the needs of all patients, you can apply models such as shared decision making, where patients are encouraged to share their preferences and needs. The application of this model requires that healthcare professionals know how to apply ethical theories such as patient autonomy, beneficence, nonmaleficence, justice, and fidelity when caring for patients. On a daily basis, healthcare professionals face ethical dilemmas involving patients and colleagues. Understanding how to effectively apply the code of ethics in your field, and various other codes of professional conduct, is an important skill required of all healthcare professionals. By applying ethical decision making, you positively impact the delivery of safe, quality healthcare. Under certain circumstances, healthcare professionals can be sued by patients for malpractice; it is more common for physicians to be sued when patients are injured or die as a result of their medical care. Healthcare professionals need a clear understanding of the elements of medical malpractice (standard of care, breach, causation, and damages) and how they are applied by a judge in a court of law. Healthcare professionals play a critical role due to the nature of their relationship with both patients and physicians. To remain competent and grow in the field, healthcare professionals are expected to understand how their professional responsibility includes a wide-ranging accountability to self, their profession, their patients, and the public. Your final case study for this course will require you to analyze a court decision in which a physician was found liable for medical malpractice. You will focus on facts pertaining to the medical standard of care, breach of care, and causation, and explain how they were applied to law. You will then use the facts of the case to identify an ethics issue and determine an ethical theory that would help provide a safe, quality healthcare experience for the patient. Next, you will apply a clinician–patient shared decision-making model to describe how the ethics issue could be resolved. You will also include a discussion about possible violations of the code of ethics in you ...
Healthcare QualityPolicy and LawChapter 121ChaSusanaFurman449
Healthcare Quality
Policy and Law
Chapter 12
1
Chapter Overview
(1 of 2)
Discusses licensure and accreditation in the context of healthcare quality
Describes the scope and causes of medical errors
Describes the meaning and evolution of the medical professional standard of care
Identifies and explains certain state-level legal theories under which healthcare professionals and entities can be held liable for medical negligence
Chapter Overview
(2 of 2)
Explains how federal employee benefits law often preempts medical negligence lawsuits against insurers and managed care organizations
Describes recent efforts to measure and incentivize high-quality health care
Quality Control Through
Licensing and Accreditation
(1 of 3)
Licensing of healthcare professionals and institutions is an important function of state law, as it filters out those who may not have the requisite knowledge or skills to practice medicine
State licensure laws define the qualifications required to become licensed and the standards that must be met for purposes of maintaining and renewing licenses
Quality Control Through
Licensing and Accreditation
(2 of 3)
Historically, licensing has been used in the promotion of healthcare quality in only the bluntest sense. This is because the only method by which to promote quality through licensure is the granting or denial of the license to practice medicine—no real middle ground.
Private professional and industry ethical and practice standards exist, though their effect on day-to-day quality is debatable.
State licensing schemes were designed not with healthcare quality per se in mind, but rather with an eye toward protecting the medical professions from unscrupulous or incompetent providers and bad publicity.
5
Quality Control Through
Licensing and Accreditation
(3 of 3)
Licensure plays an important role in defining the permissible “scope of practice” of the various types of healthcare providers.
It is one thing for state legislators to define the meaning of practice for various broad medical fields, but quite another for legislators to define, for example, the lawful activities of doctors as compared to physician assistants as compared to nurses.
6
Medical Errors
(1 of 3)
Although medical errors are not a new problem, framing the issue as a public health problem is a relatively new phenomenon.
Overall, more people die each year from medical errors than from motor vehicle accidents, breast cancer, or AIDS.
Medical Errors
(2 of 3)
Causes of medical errors may include the failure to complete an intended medical course of action, implementation of the wrong course of action, use of faulty equipment or products in effectuating a course of action, failure to stay abreast of one’s field of medical practice, health professional inattentiveness, the fact that optimal treatments for many illnesses are not yet known, and the culture of medicine itself.
Medical Errors
(3 of 3)
Policy makers have begun shifting their ...
1. Dear students get fully solved assignments
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2nd Set of Assignments
Consumer Laws and Medical Profession
Total Marks-150
Answer the following questions. All questions carry equal marks
1. Discuss the scope, coverage & meaning of the Consumer dispute.
Answer : Meaning of Consumer dispute
Consumer dispute means dispute where the person against whom a complaint has been made,
denies or disputes the allegation contained in the complaint.
Scope of Consumer dispute:
Intertwined with the purpose of a scheme is the scope of a scheme. The scope of a scheme is
generally defined by two factors:
The classification of consumer complaints; and
The monetary claims limit or cap.
A scheme needs to clearly state which consumer complaints may be considered by the scheme and
the amounts of money that complaints lodged with the scheme may be about.
2. What is meant by ‘deficiency in service’? Elaborate on the nature of relief available under CPA.
Answer : Consumer Protection Act
One of the most important milestones in the consumer movement in the country has been the
enactment of the above act. This act was necessitated because the well organized sectors of
manufacturers, traders and service providers, armed with the knowledge of the market and
manipulative skills, often attempted to exploit the consumers, despite the existence of provisions in
different laws protecting their interests. Increase in population resulted in enormous pendency and
delay in disposal of cases in the Civil Courts. Consumer Protection Act is one of the most progressive
and comprehensive pieces of legislation and its an umbrella legislation covering all goods and
services. An act to provide for better protection of the interests of consumers and for that purpose
to make provision for the establishment of consumer councils and other authorities for the
settlement of consumer disputes and for matters connected therewith. The Act provides for a
separate three tier quasi – judicial consumer dispute redressal machinery at the National, State and
District levels and is intended to provide simple, speedy and inexpensive redressal for consumer
grievances.
2. 3. Elaborate on ‘Consumer Jurisdiction of Medical Negligence related Cases’ with specific reference
to IMA v. V.P.Shanta and Martin F. D’Souza’s case.
Answer : It is important to know what constitutes medical negligence. A doctor owes certain duties
to the patient who consults him for illness. A deficiency in this duty results in negligence. A basic
knowledge of how medical negligence is adjudicated in the various judicial courts of India will help a
doctor to practice his profession without undue worry about facing litigation for alleged medical
negligence.
Who can file a complaint?
A consumer or any recognized consumer association, i.e., voluntary consumer association registered
under the Companies Act, 1956 or any other law for the time being in force, whether the consumer
is a member of such association or not, or the central or state government.
4. Do you think Consumer Forum has to be careful against vexatious and speculative complaints
especially against doctors and hospitals? If so, why?
Answer : Yes wrong decisions on such complaints may spoil careers of efficient doctors. The object
of law is to bring peace and harmony in the society and to minimise disputes and litigation. All courts
strive to achieve this object. Therefore, the courts are cautious against frivolous cases.
A person who does not have knowledge of a particular system of medicine but practices in that
system is a quack. Where a person is guilty of negligence per se, no further proof is needed.
For establishing negligence in diagnosis or treatment on the part of a doctor, the test is whether
he/she has been proved to be guilty of such failure as no doctor of ordinary skill could be guilty of it,
acting with reasonable care.
5. Write briefly about any three of the following:
a) Duties of a Doctor and Degrees of care
Answer : The duties of a doctor registered with the General Medical Council
Patients must be able to trust doctors with their lives and health. To justify that trust you must show
respect for human life and make sure your practice meets the standards expected of you in four
domains.
Knowledge, skills and performance
Make the care of your patient your first concern.
Provide a good standard of practice and care.
Keep your professional knowledge and skills up to date.
Recognise and work within the limits of your competence.
Safety and quality
Take prompt action if you think that patient safety, dignity or comfort is being compromised.
3. Protect and promote the health of patients and
b) Legal and Ethical issues involved in medical practice
Answer : Rapid developments in the medical field in the last century have revolutionized the field of
medical practice. It is now possible to diagnose diseases faster and more accurately using advanced
diagnostic techniques. Medical management has become more effective with refined medications
having more specific actions and fewer side effects. Surgical treatment has moved towards less
invasive modes of management with lesser morbidity and faster recovery. Among all these
developments, the medical profession in India is at crossroads facing many ethical and legal
challenges in the practice of the profession. The medical fraternity is becoming more and more
dependent on technology and market forces tend to influence decision making by the doctors. The
fundamental values of medicine insist that the doctor's obligation is to keep the patients interest
above everything else. The
c) Role of expert opinion in adjudication medical negligence related cases
Answer : Our system of adjudicating medical malpractice cases is often called "the battle of the
experts." Each side finds an expert to support its view of the case. With respect to the emergency
physician, testimony should be supported by emergency medicine literature. Often, however,
opinions are divided.
One example is the use of TPA for acute ischemic stroke. In the case of TPA, it would seem that there
is no established standard of care. Medical expert laws can change this, however, because they
allow experts from other specialties, such as
d) Settled Legal Principles applicable to medical negligence
Answer : Settled legal principles applicable to medical negligenceThe word negligence may be defined as a breach of duty caused by the omission to do something,
which a reasonable man guided by those considerations which ordinarily regulate the conduct of
human affairs would do or doing something which a prudent and reasonable man would not do. In
an action for negligence, the plaintiff has to prove the following essentials –
1. That the defendant owed a duty of care to the plaintiff.
2. That the defendant made a breach of such duty.
3. That the plaintiffs suffered damage as a consequence thereof.
The plaintiff has to establish that the defendant owed to him a specific legal duty to take care which
he has made a breach.
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