Medical Justice Anti Defamation
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Each year many groundless malpractice suits are initiated against health care providers. Physicians are pressured to settle frivolous lawsuits in order to minimize their financial risk. Damaging physician's reputations. Creating undue stress. And greatly increasing malpractice insurance premiums. The legal system leaves physicians vulnerable to frivolous lawsuits filed by unethical plaintiffs, attorneys and "expert" witnesses.
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Slide #
Scene/Interaction
Narration
Slide 1
Intro Slide
Slide 2
Scene 1
Professor Charles enters classroom and introduces the topics for today’s lesson and begins the lecture.
Prof Charles
: Hello everyone….welcome back to class. Today, we are going to discuss patient rights and responsibilities and acquired immunodeficiency syndrome.
The Patient Self-Determination Act of 1990 (PSDA) made a significant advance in the protection of the rights of patients to make decisions regarding their own health care. Healthcare organizations may no longer passively permit patients to exercise their rights but must protect and promote such rights. The PSDA provides that each individual has a right under state law to make decisions concerning his or her medical care, including the right to accept or refuse medical or surgical treatment and the right to formulate advance directives.
Let’s first discuss the rights of the patient. How are patient rights classified?
Casey:
Patient rights may be classified as either legal (those emanating from law) or human statements of desirable ethical principles (such as the right to healthcare or the right to be treated with human dignity). Both staff and patients should be aware and understand not only their own rights and responsibilities, but also the rights and responsibilities of each other.
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: Patients also have a right to receive a clear explanation of tests, diagnoses, treatment options, prescribed medications, and prognosis; participate in healthcare decisions; understand treatment options; and discontinue or refuse treatment options. It is recognized that the relationship between the physician and the patient is essential for the provision of proper care.
Casey
: In addition to what has already been noted, I would say that legal precedent has established that not only does the institution have responsibility to the patient, but also the patient has responsibility to the institution.
Prof. Charles
: Absolutely… What does the federal and state law and the Constitution have to say about discriminatory practices?
Casey
: Most federal, state and local programs specifically require, as a condition for receiving funds under such programs, an affirmative statement on the part of the organization that it will not discriminate. For example, Medicare and Medicaid programs specifically require affirmative assurances by healthcare organizations that no discrimination will be practiced. Healthcare organizations who do not comply may lose Medicare and Medicaid certification and reimbursement.
Prof. Charles
: Excellent. What is an example of discrimination by a hospital?
Donald:
There was a case,
Stoick v. Caro Community Hospital
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In my personal opinion I think that it should be legal, in the right conditions. I believe a person that will suffer in pain until their death should have the right to end there life. I think its difficult for other people to make that judgement that aren't in the same pain as other people. I think free will is something that we should respect for every person and if they wish to end there live it is something that we should respect.
Showalter, J. S. (2017). The Law of Healthcare Administration (Vol. Eighth edition). Chicago, Illinois: Health Administration Press.
2. Consent for "non-competent" parties
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to Showalter (2017), Incompetence is a legal status, not a medical diagnosis, but this determination is best made based on a doctor’s qualified judgment. The test is whether patients can understand their condition, the medical advice they have been given, and the significances of declining to consent. Every patient has the right to select or to decline treatment. This right is not unfettered, and the only reason why the state can override the patient’s freedom to decide is for the preservation of life, protect innocent third parties, prevention of suicide, protection of the ethical integrity of the medical profession. According to Showalter (2017) in Consent issues for Incompetent Adults, he describes legal issues that come up when a patient is not able to consent due to his/her incapacity causing a delay in care and developing severe medical consequences in the relation of refusing medical care. As describe by Showalter (2017) in one ca.
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The Patient Self-Determination Act of 1990 (PSDA) made a significant advance in the protection of the rights of patients to make decisions regarding their own health care. Healthcare organizations may no longer passively permit patients to exercise their rights but must protect and promote such rights. The PSDA provides that each individual has a right under state law to make decisions concerning his or her medical care, including the right to accept or refuse medical or surgical treatment and the right to formulate advance directives.
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Casey:
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Showalter, J. S. (2017). The Law of Healthcare Administration (Vol. Eighth edition). Chicago, Illinois: Health Administration Press.
2. Consent for "non-competent" parties
Gloribel Torres
to Showalter (2017), Incompetence is a legal status, not a medical diagnosis, but this determination is best made based on a doctor’s qualified judgment. The test is whether patients can understand their condition, the medical advice they have been given, and the significances of declining to consent. Every patient has the right to select or to decline treatment. This right is not unfettered, and the only reason why the state can override the patient’s freedom to decide is for the preservation of life, protect innocent third parties, prevention of suicide, protection of the ethical integrity of the medical profession. According to Showalter (2017) in Consent issues for Incompetent Adults, he describes legal issues that come up when a patient is not able to consent due to his/her incapacity causing a delay in care and developing severe medical consequences in the relation of refusing medical care. As describe by Showalter (2017) in one ca.
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Medical Justice Anti Defamation
- 1. Protecting Physicians… Relentlessly Protecting Physicians’ Most Precious Asset – Their Reputation…
- 3. Doctor Rating Sites: Are They Helpful? www.medicaljustice.com This was one of the worst doctor's visits I've ever had. Dr. XXXX was unconcerned with how scared I was and seemed arrogant. Her staff treats you like you're a moron, particularly on the phone.