Hospital Medical Negligence Liability Recommendation Discussion

The PromptView the assigned Healthcare Law LearnScape interactive episode in the Jones & Bartlett website (DB2 LearnScape Case Study). You will be presented with a negligence case stemming from an incident in the hospital. You must interview staff members and work with the General Counsel to determine the hospital’s liability for negligence and medical malpractice. 1. 2. 3. 4. Prompt: Based on the information you gathered from the LearnScape video interviews, on your research, and on a biblical worldview, analyze this incident and write your recommendation to the Chief Counsel regarding negligence/malpractice liability. Directly address the 4 elements required to prove negligence: Duty to care Breach of duty Injury Causation (specifically foreseeability) How to access textbook? the website is https://www.jblearning.com/ go to login–login email- mcannon19@liberty.edu password- Oksane94 select the course Premier Access for Legal Aspects of Health Care Administration, 13e (Cruz – 87F873) Page 1 of 5 Select the Box that says and view episode. DB 2 LearnScape Case Study Page 2 of 5 Each forum consists of 2 parts: a thread of at least 1,000 words in response to the provided case study, and 2 replies of at least 450 words each to 2 classmates’ threads. Each thread and reply must reference at least 3 scholarly sources other than the course textbook and citations must follow current APA format (including both in-text citations and a reference list). You must also support each thread and reply with thoughtful analysis (considering assumptions, analyzing implications, and comparing/contrasting concepts and include thorough biblical worldview integration. Main Thread – Levels of Achievement Proficient Developing Content Advanced Not present Key Components 17 – 18 points 15 – 16 points 1 – 14 points 0 points All key components of the Discussion Board Forum prompt are answered in the thread. Most key components of the Discussion Board Forum prompt are answered in the thread. Some key components of the Discussion Board Forum prompt are answered in the thread. No key components of the Discussion Board Forum prompt are answered in the thread. Points Earned Page 3 of 5 Major Point Support 32 – 35 points 29 – 31 points 1 – 28 points 0 points Major points are supported by all of the following: • Reading & Study materials; • Pertinent, conceptual, or personal examples; • Hospital Medical Negligence Liability Recommendation Discussion

Thoughtful analysis (considering assumptions, analyzing implications, and comparing/contrasting concepts); • At least 3 scholarly source citations, in addition to the course textbook, in current APA format; and • Integration of at least 2 biblical principles with citations. Major points are supported by most of the following: • Reading & Study materials; • Pertinent, conceptual, or personal examples; • Thoughtful analysis (considering assumptions, analyzing implications, and comparing/contrasting concepts); • At least 3 scholarly source citations, in addition to the course textbook, in current APA format; and • Integration of at least 2 biblical principles with citations. Major points are supported by some of the following: • Reading & Study materials; • Pertinent, conceptual, or personal examples; • Thoughtful analysis (considering assumptions, analyzing implications, and comparing/contrasting concepts); • At least 3 scholarly source citations, in addition to the course textbook, in current APA format; and • Integration of at least 2 biblical principles with citations. Major points are supported by none of the following: • Reading & Study materials; • Pertinent, conceptual, or personal examples; • Thoughtful analysis (considering assumptions, analyzing implications, and comparing/contrasting concepts); • At least 3 scholarly source citations, in addition to the course textbook, in current APA format; and • Integration of at least 2 biblical principles. Main Thread – Levels of Achievement Structure Grammar/ Spelling Advanced Proficient Developing Not present 8 points 7 points 1 – 6 points 0 points Correct spelling and grammar are used throughout the thread. There are 0–2 errors in grammar or spelling that distract the reader from There are 3–5 errors in grammar or spelling that distract the reader from the content. There are 6–10 errors in grammar or spelling that distract the reader from the content. Points Earned There are more than 10 errors in the grammar or spelling that distract the reader from the content OR there is evidence of a Page 4 of 5 the content. APA Citation Compliance Word Count/ SafeAssign 8 points References are cited both in-text and in a reference list. There are 0–2 minor errors in APA format in the required citations. 6 points The minimum word count of 1000 words of substantive content is met or exceeded, and thread was loaded through SafeAssign. complete lack of spellchecking and proofreading. 7 points 1 – 6 points References are cited both in-text and in a reference list. There are 3-5 minor errors in APA format in the required citations. There are more than 5 errors in APA format in the required items and/or required citations are missing. 5 points 1 – 4 points Substantive word count is between 800 and 1000 words, and thread was loaded through SafeAssign. Substantive word count is between 500 and 800 words, and thread was loaded through SafeAssign. 0 points Required citations do not exist, or demonstrate no APA formatting or structure. 0 points There are fewer than 500 words of substantive content, OR thread was not loaded through SafeAssign. Page 5 of 5 DISCUSSION BOARD FORUM REPLIES GRADING RUBRIC Content Key Components Major Point Support Advanced Replies – Levels of Achievement Proficient Developing 1 – 7 points Not present 10 points 8 – 9 points Contribution made to discussion with each reply (2) expounding on the thread. Marginal contribution made to discussion with each reply (2) marginally expounding on the thread. 23 – 25 points 21 – 22 points 1 to 20 points 0 points Major points are supported by all of the following: • Reading & Study materials; • Pertinent, conceptual, or personal examples; • Hospital Medical Negligence Liability Recommendation Discussion

Thoughtful analysis (considering assumptions, analyzing implications, and comparing/contrastin g concepts); and • At least 3 scholarly source citations, in addition to the course textbook, in current APA format. • Integration of at least 1 biblical principle with citations. Major points are supported by most of the following: • Reading & Study materials; • Pertinent, conceptual, or personal examples; • Thoughtful analysis (considering assumptions, analyzing implications, and comparing/contrasting concepts); and • At least 3 scholarly source citations, in addition to the course textbook, in current APA format. • Integration of at least 1 biblical principles with citation. Major points are supported by some of the following: • Reading & Study materials; • Pertinent, conceptual, or personal examples; • Thoughtful analysis (considering assumptions, analyzing implications, and comparing/contrasting concepts); and • At least 3 scholarly source citations, in addition to the course textbook, in current APA format. • Integration of at least 1 biblical principle with citations. Major points are supported by none of the following: • Reading & Study materials; • Pertinent, conceptual, or personal examples; • Thoughtful analysis (considering assumptions, analyzing implications, and comparing/contrasting concepts); and • At least 3 scholarly source citations, in addition to the course textbook, in current APA format. • Integration of at least 1 biblical principle with citations. Minimal contribution (2 minimal or only 1 reply) made to discussion with each reply minimally expounding on the thread. Points Earned 0 points No contribution made to discussion. Page 1 of 3 Replies – Levels of Achievement Proficient Developing Structure Advanced Grammar/ Spelling 6 points 4 – 5 points Correct spelling and grammar are used throughout the replies. There are 0–2 errors in grammar or spelling that distract the reader from the content. There are 3–5 errors in grammar or spelling that distract the reader from the content. 1 – 3 points There are 6–10 errors in grammar or spelling that distract the reader from the content. Not present Points Earned 0 points There are more than 10 errors in the grammar or spelling that distract the reader from the content OR there is evidence of a complete lack of spellchecking and proofreading. Page 2 of 3 APA Citation Compliance Word Count 6 points References are cited both in-text and in reference lists. There are 0–2 minor errors in APA format in the required citations. 3 points The minimum word count of 450 words of substantive content is met or exceeded in each of two replies. 4 – 5 points 1 – 3 points References are cited both in-text and in reference lists. There are 3-5 minor errors in APA format in the required citations. There are more than 5 errors in APA format in the required citations and/or required citations are missing. 2 points 1 point Substantive word count is between 300 and 450 words in one or both of two replies. Substantive word count is between 200 and 300 words in one or both of two replies. 0 points Required citations do not exist, or demonstrate no APA formatting or structure. 0 points There are fewer than 200 words of substantive content in one or both of two replies, including one or both replies not posted. Page 3 of 3 Health Care Law Navigate 2 Scenario: Hospital Nightmare Hospital Nightmare Hospital Medical Negligence Liability Recommendation Discussion

Introduction: After an incident where a patient developed a life-threatening staph infection following surgery at the hospital, a negligence lawsuit was filed against Bright Road Health System. As the Hospital Administrator, you will gather information about the incident from the parties involved, and work with Bright Road’s General Counsel to determine the Hospital’s liability. You will need to consider: • • • • • • Whether a duty to care was established Whether the duty was breached Whether there was an injury Whether the cause of the patient’s injury was due to negligence Whether the concept of Respondeat superior applies in the case Whether to file an indemnification against any of the staff members involved You will then submit an analysis to Bright Road’s General Counsel, with your thoughts regarding the hospital’s liability. Characters: 1. Jeff Passmore, General Counsel at Bright Road Health System 2. Jennifer Brainard, RN in post-surgical unit at Bright Road 3. George Paltrow, Hospital employed Chief of Surgery (not independent contractor) at Bright Road 4. Holly Brigham, Pulmonologist, Bright Road Locations: 1. 2. 3. 4. Student’s Office General Counsel’s Office Hospital Conference Room Coffee Shop February 13, 2018 1 Health Care Law Navigate 2 Scenario: Hospital Nightmare Scene 1: Meeting with Mentor In this opening scene, the Student meets with mentor figure and Chief Counsel for Bright Road, Jeff Passmore. Jeff asks for help on this new negligence suit, and offers suggestions about who to talk to. The student is asked to gather sufficient information to form a conclusion on whether the hospital is liable or not. Location Scene setup On-screen characters Off-screen characters Chief Counsel’s Office Student faces Jeff who sits behind his desk. Jeff Passmore None On-screen text: Chief Counsel for Bright Road, Jeff Passmore, calls you into his office today . . . JEFF Glad you could come by. Did you hear about the new negligence suit that just came in? STUDENT No. What’s the case? JEFF Well, there’s a Mrs. Smith who claims to have received a deadly infection due to negligence on the hospital’s part. While she recovered from this infection, she’s also claiming that an autoimmune disease she contracted shortly after the incident was due to complications caused by the infection. Student can click on any of these options to proceed. Student must click all eventually. STUDENT CHOICE 1 How is she claiming she got this infection? STUDENT CHOICE 2 In what way can I help you with this? STUDENT CHOICE 3 Can I talk to the parties involved? JEFF RESPONSE 1 Mrs. Smith claims, when conducting routine exams the day after her surgery, the Chief of Surgery didn’t change gloves when examining patients in her room. She was the last to be examined. She allegedly contracted a staph infection from another patient in the room during the examination process. JEFF RESPONSE 2 I need you to gather all of the information about this case so we can determine Bright Road’s liability, if any. JEFF RESPONSE 3 It’s not prudent at this point to talk with Mrs. Smith or her representative or family, but you can talk with anyone on our side of the fence. STUDENT Do you have names and titles? February 13, 2018 2 Health Care Law Navigate 2 Scenario: Hospital Nightmare On-screen text: You might want to take notes on paper as you go. They could help you form your recommendation at the end. JEFF Yes, Dr. George Paltrow is the Chief of Surgery and Dr. Holly Brigham is the pulmonologist who saw Mrs. Smith. Student must choose both options to continue. Hospital Medical Negligence Liability Recommendation Discussion

STUDENT CHOICE 1 What about a nurse who was there in the room that day? STUDENT CHOICE 2 Not changing gloves? I’m shocked that happens. JEFF RESPONSE 1 I’ll email Ken Bloom, our Chief Nursing Officer, to see if he can get you a name of a nurse to talk to. JEFF RESPONSE 2 Right. It seems that history keeps repeating itself because no one seems to want to learn from it. I was just reading earlier how, in 1847, there were an alarming number of deaths from puerperal fever, because medical students and physicians were coming directly from the dissecting room and then treating maternity patients. It’s staggering we’re still making the same mistakes. STUDENT So, what type of information do I need to gather for this suit? JEFF First, let’s determine if a duty to care was established, and then whether the duty was breached or not. We’ll need to conclude whether or not the patient was injured due to negligence and whether the concept of Respondeat Superior applies in this case. Last, we’ll have to decide if we should file an indemnification against any of the staff members involved. Student can click on any option to proceed. Student must choose all options eventually. STUDENT CHOICE 1 I assume a duty to care is always understood. STUDENT CHOICE 2 I doubt anyone will admit negligence. STUDENT CHOICE 3 It’s been a while since I’ve used it… remind me what Respondeat Superior means. JEFF RESPONSE 1 Well, as you know, the plaintiff must prove the existence of a legal relationship between him or herself and the defendant. Duty to care is defined as a legal obligation of care, performance, or observance imposed on one to safeguard the rights of others. A physician-patient relationship is a prime example. Duty to care can arise from a simple telephone conversation or out of a physician’s voluntary act of assuming the care of a patient. Although, establishing when a legal relationship begins between a physician and patient is not always clear-cut February 13, 2018 3 Health Care Law Navigate 2 Scenario: Hospital Nightmare or clearly established, for example, in cases where injured people are in transit to the hospital by a private ambulance service. JEFF RESPONSE 2 That’s why your idea of talking with a nurse on duty that day is a good one. We need unbiased eyewitnesses to the events that took place. JEFF RESPONSE 3 Respondeat Superior translates to “let the master respond” and it’s a legal doctrine holding employers liable in certain cases for the wrongful acts of their agents or employees. This doctrine has also been referred to as vicarious liability, where an employer is answerable for the wrongful acts committed by its employees. Student can choose either option. STUDENT CHOICE 1 It sounds like employees could take advantage of Respondeat Superior. STUDENT CHOICE 2 Thanks. I’ll get started on this right away. JEFF Perfect. Just let me know if you run into any trouble, or if you have any questions. I appreciate your help with this. February 13, 2018 4 Health Care Law Navigate 2 Scenario: Hospital Nightmare Scene 2: Discussion with RN The student meets with the nurse from the post-surgical unit, Jennifer Brainard, who was on duty the day of the incident. Jennifer provides important first-hand information. Location Scene setup On-screen characters Off-screen characters Student’s Office The Student faces Jennifer who sits on the other side of the desk. Jennifer Brainard None. On-screen text: Meeting with post-surgical nurse, Jennifer Brainard . . . Hospital Medical Negligence Liability Recommendation Discussion

JENNIFER I hate to start this way, but is it okay if we keep this brief? I have to be on shift in fifteen minutes. STUDENT That’s no problem at all. I’m happy with whatever time you can give. JENNIFER When Ken said you wanted to talk about the Mrs. Smith incident, honestly, I was torn. I still have very mixed feelings about that whole situation. Student can click on any of the three options to continue, but must choose all eventually. STUDENT CHOICE 1 Why do you have mixed feelings? STUDENT CHOICE 2 Can you tell me what you saw that day? STUDENT CHOICE 3 Were you surprised by what happened with Mrs. Smith? JENNIFER RESPONSE 1 Look, whatever my feelings for Dr. Paltrow personally, I don’t necessarily want to see his whole career go down the drain, his life ruined. People make mistakes, and he, especially, is normally very careful. JENNIFER RESPONSE 2 I know he was preoccupied. There’s really no other explanation. Basically, this is what happened: After surgery and discharge from the recovery room, Mrs. Smith was placed in a room in the post-surgery patient care unit with four other patients. When Dr. Paltrow came in with the residents, neither he nor the residents changed their gloves as they progressed from one patient to the next. And, Mrs. Smith was the last patient examined. JENNIFER RESPONSE 3 Yes and no. Like I said, Dr. Paltrow is normally very particular and goes by the book. He prides himself in it and, believe me, he lets everyone know. But, here’s the thing. There is not always adherence to policy and procedures, especially in that unit, to prevent or control infections. Frankly, I always thought it was a matter of time before something like this happened. You would think that a February 13, 2018 5 Health Care Law Navigate 2 Scenario: Hospital Nightmare post-surgery patient care unit like this one would be given a lot more housekeeping attention then it was. Student can click either option to proceed, but must choose both eventually. STUDENT CHOICE 1 You said, “there is not always adherence to policies and procedures.” Does that mean policies and procedures for infection prevention and control were in place but not always practiced? STUDENT CHOICE 2 Can you summarize the importance of changing gloves between patients? JENNIFER RESPONSE 1 I think the Mrs. Smith incident was a bit of a wake-up call. I mean, really, we’re lucky she didn’t die. The staph infection spread so quickly. It was a good thing that the pulmonologist was called in and the infectious disease specialist placed Mrs. Smith on an aggressive antibiotic regimen when she did. So, yes, after that, we now have improved training, along with clearer hand hygiene signage as well as visual reminders for both staff and visitors throughout the hospital on how to keep a clean environment and how to protect patients from hospital-acquired infections. JENNIFER RESPONSE 2 Even if you think your gloves are clean, they harbor disease. Deadly microbes and bacteria aren’t visible to the naked ey … Hospital Medical Negligence Liability Recommendation Discussion