HSM 542 Week 4 Midterm Exam
1. (TCO G) You are the risk manager for a large hospital & recently have been assigned to
review a potential malpractice case for Dr. Johnson. The hospital CEO has asked you to
assess whether the physician & hospital are negligent in the care of the patient. Discuss &
describe the elements you will be looking for to determine if negligence may have occurred.
(Pts : 25) HSM 542
In order to prove malpractice, the patient would need to show that the physician acted
negligently while providing care & that negligence resulted in injury. In order to show that Dr.
Johnson acted negligently & to prove malpractice, there are four legal elements which must be
present:
(1) A professional duty owed to the patient- because Dr. Johnson was the doctor, under the law if
he was treating the patient than he had a legal responsibility to provide care that was adequate &
safe.
(2) Breach of such duty- If malpractice exists in this case, than the plaintiff would need to show
that Dr. Johnson failed to adhere to st&ards & practices of his profession.
(3) Injury caused by the breach- The plaintiff would also need to show that he or she was injured
as a direct result of the Dr. Johnson’s failure to adhere to st&ards & practices.
(4) Resulting damages- The existence of these damages must flow from the injury, such as loss
of work due to incapacitation.
In my assessment of Dr. Johnson I would need to establish that all four elements exist in the case.
Question 2. 2. (TCO C) Advanced directives have made it possible for patients to have
important new rights for self-determination of care when end-of-life decisions must be
made, but they have also brought about crucial new responsibilities for healthcare facilities
& their leaders. What are the primary responsibilities of hospitals & other medical
facilities regarding advance directives? (Pts : 20) HSM 542
Under the Patient Self-Determination Act (PSDA), patient rights with regard to self-
determination are exp&ed & clarified. The primary responsibility of hospitals & medical
facilities regarding advance directives, begins at the time of admission. At the time of inpatient
admission or enrollment, patients must be informed of their rights. These rights include:
1) the right to participate in & direct their own healthcare decisions;
2) the right to accept or refuse medical or surgical treatment;
3) the right to prepare an advance directive;
4) information on the provider’s policies that govern the utilization of these rights (Pozgar,
2011).
The act also prohibits discrimination of individuals who do not possess an advance directive. It is
the responsibility of the medical provider to make the person aware of the advance directive but
to no way coherence he or she or withhold treatment. It is also the responsibility of the medical
institution to provide education concerning advance directives.
References
Pozgar, G. (2011). Legal Aspects of Health Care Administration [VitalSouce bookshelf version].
Retrieved from http://devry.vitalsource.com/books/9781449643850/id/ch12lev1sec19
This study source was downloaded by 100000801755870 from CourseHero.com on 03 -14-2022 09:32:53 GMT -05:00
https://www.coursehero.com/file/48795502/HSM-542-Week-4-Midterm-Examdocx/
1. (TCO G) You are the risk manager for a large hospital & recently have been assigned to
review a potential malpractice case for Dr. Johnson. The hospital CEO has asked you to
assess whether the physician & hospital are negligent in the care of the patient. Discuss &
describe the elements you will be looking for to determine if negligence may have occurred.
(Pts : 25) HSM 542
In order to prove malpractice, the patient would need to show that the physician acted
negligently while providing care & that negligence resulted in injury. In order to show that Dr.
Johnson acted negligently & to prove malpractice, there are four legal elements which must be
present:
(1) A professional duty owed to the patient- because Dr. Johnson was the doctor, under the law if
he was treating the patient than he had a legal responsibility to provide care that was adequate &
safe.
(2) Breach of such duty- If malpractice exists in this case, than the plaintiff would need to show
that Dr. Johnson failed to adhere to st&ards & practices of his profession.
(3) Injury caused by the breach- The plaintiff would also need to show that he or she was injured
as a direct result of the Dr. Johnson’s failure to adhere to st&ards & practices.
(4) Resulting damages- The existence of these damages must flow from the injury, such as loss
of work due to incapacitation.
In my assessment of Dr. Johnson I would need to establish that all four elements exist in the case.
Question 2. 2. (TCO C) Advanced directives have made it possible for patients to have
important new rights for self-determination of care when end-of-life decisions must be
made, but they have also brought about crucial new responsibilities for healthcare facilities
& their leaders. What are the primary responsibilities of hospitals & other medical
facilities regarding advance directives? (Pts : 20) HSM 542
Under the Patient Self-Determination Act (PSDA), patient rights with regard to self-
determination are exp&ed & clarified. The primary responsibility of hospitals & medical
facilities regarding advance directives, begins at the time of admission. At the time of inpatient
admission or enrollment, patients must be informed of their rights. These rights include:
1) the right to participate in & direct their own healthcare decisions;
2) the right to accept or refuse medical or surgical treatment;
3) the right to prepare an advance directive;
4) information on the provider’s policies that govern the utilization of these rights (Pozgar,
2011).
The act also prohibits discrimination of individuals who do not possess an advance directive. It is
the responsibility of the medical provider to make the person aware of the advance directive but
to no way coherence he or she or withhold treatment. It is also the responsibility of the medical
institution to provide education concerning advance directives.
References
Pozgar, G. (2011). Legal Aspects of Health Care Administration [VitalSouce bookshelf version].
Retrieved from http://devry.vitalsource.com/books/9781449643850/id/ch12lev1sec19
This study source was downloaded by 100000801755870 from CourseHero.com on 03 -14-2022 09:32:53 GMT -05:00
https://www.coursehero.com/file/48795502/HSM-542-Week-4-Midterm-Examdocx/
