,Solution manual for Applied Law and Ethics in
Health Care, 1st Edition Wendy Mia Pardew
Notes
1- All Chapters are step by step.
2- We have shown you 10 pages.
3- The file contains all Appendix and Excel
sheet if it exists.
4- We have all what you need, we make
update at every time. There are many new
editions waiting you.
5- If you think you purchased the wrong file
You can contact us at every time, we can
replace it with true one.
Our email:
Our website:
testbanks-store.com
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 1, The Big Business of
Health Care and You
Solution and Answer Guide
Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 1, The Big Business of Health
Care and You
Table of Contents
Study Questions .................................................................................................................................................................................... 1
Cases For Discussion ........................................................................................................................................................................... 1
Study Questions
1. Frontline health care professionals can help prevent medical malpractice lawsuits by:
• Representing themselves and their employers in a professional manner.
• Know the applicable laws and regulations.
• Understand their scope of practice.
• Maintain positive patient interactions.
• Minimize the nonmedical and nonlegal variables involved in malpractice.
• Abide by HIPAA's regulations regarding patient confidentiality.
2. The owner of a sole proprietorship has unlimited personal liability and does not have the tax
advantages of an LLC or a corporation. There is no legal separation between you and your
business in a sole proprietorship.
3. Unlike a partnership, a person’s interest in a corporation is represented by stock, and the risk for
the corporation’s debt does not extend past the amount invested; except for very rare situations
(called piercing the corporate veil), the personal assets of a corporation’s shareholder are not at
risk to cover corporate liability.
4. A provider may be tempted to achieve maximum financial reward by not ordering tests or
procedures or prescribing medicine.
5. Personal health information has become a lucrative target for illegal actions on the internet.
Health care companies have more liability than just HIPAA violations, and they now need to be
stalwart defenders of their technologies' security.
Cases For Discussion
1. The Central Texas Medical Foundation and Brackenridge Hospital should be held vicariously liable
for Dr. Villafani’s treatment of the plaintiff. The Foundation and Brackenridge Hospital had control
over the details of Dr. Villafani’s work, so the court concluded he was the Foundation’s “borrowed
employee” when he treated plaintiff. Consequently, St. Joseph’s could not be vicariously liable
under the theory of respondeat superior, in part, because St. Joseph’s had no control over Dr.
Villafani’s work at Brackenridge. St. Joseph Hosp. v. Wolff, 94 S.W.3d 513 (Tex., 2002).
2. Parkview may be held vicariously liable for Christian's misconduct even if the actions in question
ran directly counter to Parkview rules or policies, such as the Confidentiality Agreement and the
Acknowledgment Regarding Access to Patient Information. The employee’s conduct was likely
incidental to her duties at work because it was "of the same general nature" as her authorized job
duties, which included use of the electronical medical records, management of schedules and
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 1, The Big Business of
Health Care and You
communication, and other tasks that required access to patients' charts. While this case was
settled before trial, it is likely Parkview should be found vicariously liable given the facts in this
case. SoderVick v. Parkview Health Sys., 148 N.E.3d 1124 (Ind. App. 2020).
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 2
website, in whole or in part.
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 2, Laws and Regulations
You Will Encounter Laws and Regulations You Will Encounter
Solution and Answer Guide
Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 2, Laws and Regulations You
Will Encounter
Table of Contents
Study Questions .................................................................................................................................................................................... 1
Cases For Discussion ........................................................................................................................................................................... 1
Study Questions
1. Responses will vary.
2. While it may not be a discriminatory question, it is ill advised as there is a lot of room for follow
up questions that may be discriminatory. Instead, it is better to be clear during the interview as to
the company policy. For example, you can mention that vaccination or a viable medical excuse is a
requirement of employment.
3. The Family Medical Leave Act.
4. If a health care professional receives a needle stick at work, they should follow procedures in the
office procedures/protocol manual. In addition, providers and their staff must comply with
OSHA’s Bloodborne Pathogens regulation (29 CFR 1910.1030), which establishes standards for
exposure incidents involving bloodborne pathogens.
Cases For Discussion
1. The issue in this case is whether material written in a personnel manual may constrain an
employer’s power to terminate an employment relationship that would otherwise be terminable
at will. When the chief executive officer testified that Leikvold was terminated because of her
requested transfer to a subordinate position, Leikvold argued that the employees’ handbook was
part of her employment contract and that she could not be fired unless for a reason listed.
Applying for a subordinate position was not listed as a cause for discharge.
The court agreed with Leikvold and returned the matter to a lower court for trial on the
facts. The court stated: “If an employer does choose to issue a policy statement in a manual or
otherwise, and by its language or by the employer’s actions, encourages reliance thereon: the
employer cannot be free to only selectively abide by it. Having announced a policy, the employer
may not treat it as illusory.” Leikvold v. Valley View Community Hospital, 688 P.2d 170 (Az. 1984).
2. Markus' behavior would likely be deemed sexual harassment, which is unwelcome sexual
attention at an employee's workplace that establishes a hostile work environment, negatively
affects the employee's ability to do their job, or which results in a detrimental change in their job
responsibilities. When Markus continued his conduct after his advances were declined, his
conduct became harassment.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
,Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 3, From the Constitution to
the Courtroom
Solution and Answer Guide
Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 3, From the Constitution to
the Courtroom
Table of Contents
Study Questions .................................................................................................................................................................................... 1
Study Questions
1. The Supremacy Clause ensures that the federal government can legislate certain matters that fall
under one of its enumerated powers, including interstate commerce and foreign relations.
Consequently, when there is a conflict between federal and state law, the Constitution Supremacy
Clause tells us that federal law will govern. There are, however, exceptions to this rule.
2. The three branches of government are the executive, the legislative, and the judiciary. There are
checks and balances, so no one branch can gain too much power.
3. The three levels of the judiciary are the trial court, the mid-level appellate court, and the highest-
level appellate court. The name of the highest court in the United States is the Supreme Court.
4. Federal agencies can make their own rules and prosecute those who violate the rules, provided
Congress gives them this power.
5. The major distinction between criminal and civil law is that criminal law involves the prosecution
of cases by the state against a defendant who has been charged with violating a specific criminal
statute, and, if found guilty, the defendant may face time in prison. Civil law generally involves a
dispute between individuals or legal entities such as corporations, and even though the state (or
federal government) can be a party in a civil lawsuit, the defendant in a civil lawsuit will not face
the possibility of prison.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 4, Criminal Acts and
Intentional Torts Laws and Regulations You Will Encounter
Solution and Answer Guide
Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 4, Criminal Acts and
Intentional Torts
Table of Contents
Study Questions .................................................................................................................................................................................... 1
Cases For Discussion ........................................................................................................................................................................... 1
Study Questions
1. The element of intent differentiates murder from euthanasia. Often courts are more lenient with
people charged with euthanasia if the objective of the killing was to spare a terminally ill person
additional pain.
2. Statutes and regulations on child and elder abuse affect the medical office because the reporting
of suspected child or elder abuse is mandatory.
3. The difference between robbery and larceny, both of which involve the theft of another's
property, is that robbery involves the victim being physically injured or being put in fear of bodily
injury. Larceny is a theft that does not involve the use of force.
4. The patient can file a complaint against the hospital for a claim of false imprisonment.
5. Which ae examples of insurance fraud and which are examples of insurance abuse:
a. Insurance Fraud
b. Insurance Fraud
c. Insurance Fraud
d. Insurance Abuse
e. Insurance Fraud
Cases For Discussion
1. In most states, each one of the hypothetical situations would be identified as child abuse and
should be reported.
2. If it can be proven that the provider had an intent to defraud for purposes of collecting additional
billings or other unsound or unprofessional reasons, the patient would likely be successful in a
civil fraud suit. Such fraud can also be criminal. The important facts are that there was intent and
that the purpose was to obtain payment.
3. Venner was found guilty of possession of marijuana with an intent to distribute. In this case, the
police did not confront or even see Venner at the hospital. There was nothing in the record to
suggest that when the nurses, in the normal routine, took the bedpans from Venner’s bed to the
place for disposition of their contents that it was a place where Venner had a constitutionally
protected right of privacy. Nor was there anything to suggest that Venner exercised or attempted
to exercise any right of possession or control over the balloons. They were abandoned by Venner,
and their subsequent retrieval on behalf of the police was lawful. Venner v. State, 30 Md. App.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 4, Criminal Acts and
Intentional Torts Laws and Regulations You Will Encounter
599. 354 A.2d 483 (1976).
4. The court held against the defendant surgeon and stated that it could not be concluded that the
article was written solely for scientific purposes stating that “even a scientific publication may be
nothing more than someone’s advertisement in disguise.” Griffin v. Medical Society of New York,
11 N.Y.S.2d 109 (N.Y. 1939).
5. The court ruled against the provider. The provider’s refusal to correct or retract his error and the
injury that it inflicted on the patient were considered sufficient for the jury to award substantial
damages. Vigil v. Rice, 397 P.2d 719 (N.M. 1964).
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 2
website, in whole or in part.
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 5, What Makes a Contract
Laws and Regulations You Will Encounter
Solution and Answer Guide
Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 5, What Makes a Contract
Table of Contents
Study Questions .................................................................................................................................................................................... 1
Cases For Discussion ........................................................................................................................................................................... 2
Study Questions
1. Implied: rolling up a sleeve to accept an injection; taking a pill given to you; following instructions
during an examination; describing symptoms and history. Express: completing admission
documentation or an informed consent form; verbally saying “yes” to a provider’s recommended
course of treatment.
2. Without an express contract, providers typically do not warrant the results of their work. An
express contract can be written or oral. If the patient’s comments were inaccurate and the results
of the surgery not as described, the patient would feel as if the provider did not do what he or
she stated. Here, it would be worthwhile to discuss the patient’s understanding of what the
provider stated and make any needed corrections. Such a situation should be noted in the
patient’s chart.
3. Generally, parents are responsible for the financial needs of their minor children. In this case, the
issue of confidentiality must be addressed. Because the minor was pregnant, she is able to
consent to medical care, which implicitly suggests the parents do not know about the pregnancy.
A provider may be deemed to have breached the patient’s confidentiality by seeking payment
from the parents. A provider may dismiss a patient for nonpayment of fees, but you must do so in
a way that allows the patient to obtain other care. In addition, depending on the facts, the
patient–provider relationship established during the first pregnancy may be deemed concluded,
so at the time the patient requested an appointment the provider could have refused to accept
her as a new patient. If after the first pregnancy, the provider chose to terminate the patient, they
should send detailed letter to the patient confirming discharge using certified mail and allowing
time for the patient to find a new provider.
4. A conservator is a person appointed to care for another’s financial matters. A legal guardian
would be appointed to make health care decisions for someone who did not have the legal
capacity to contract. Because the woman is a conservator, rather than a legal guardian, she would
not be able to consent to medical treatment on behalf of the minor. I would explain the difference
between the two and help the woman identify the appropriate person to consent to medical
treatment.
5. The federal Fair Debt Collections Practice Act (FDCPA) governs collections practices. The FDCPA
prohibits many different collection practices—for example, threats of violence, use of abusive
language when trying to collect the debt, harassment by means of phone calls, and deception
and unfair methods of collection (e.g., threatening to deposit a postdated check before the date
of the check, intentionally causing the debtor’s other checks to be dishonored).
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 5, What Makes a Contract
Laws and Regulations You Will Encounter
Cases For Discussion
1. The gynecologist was right to refuse to enter into a contract to perform the abortion. The court
would not require the 16-year-old female have an abortion and would likely consider the
teenager a mature minor, who is legally capable of making such decisions for herself. As a result,
the teenager had the legal capacity to choose not to enter into a contract for abortion. In making
this determination, the court would consider the age of the pregnant teenager, and her emotional
maturity, intelligence, and ability to comprehend the decision when making this decision. If the
16-year-old could not be considered a mature minor, it’s likely that a doctor would not perform
the abortion without a court order.
2. The court would likely agree with the father. When the provider allowed the patient to be
admitted to the hospital under his name, the provider established a patient–provider relationship.
3. The radiologist took the X-rays that were ordered by the provider and likely prepared a report as
to the patient’s diagnosis. The radiologist undertook to treat the patient by taking and reading X-
rays, so there was a contractual relationship with the patient even though he never saw her.
4. The court would not find the consultant provider liable for the gauze in the patient’s abdomen.
The consultant provider was not present during the surgery, and there was no reason to think he
should have known about the gauze left in the patient’s abdomen. It is also possible that there
was no consideration, which would allow for a contract to be formed, since the consultant
provider was not expecting a fee.
5. The surgeon would not be liable for breach of contract. Assuming there was informed consent
that would have explained that the procedure may not work, the husband’s vasectomy not
preventing conception would be a risk.
6. If the surgeon warranted specific results, he or she would be liable for breach of contract. Here,
the surgery was to improve the patient’s appearance, not worsen the appearance, so the surgeon
would be liable for breach of contract.
7. If the surgeon warranted specific results, the surgeon would be liable for breach of contract. Here,
the surgery was to sterilize the patient, but one of the fallopian tubes was left intact, so the
surgeon would be liable for breach of contract.
8. No, the provider did not have the right to discharge the patient from the hospital because he
could not pay his bill. The provider abandoned the patient when he discharged him too soon
after the electroshock treatment. When a provider enters into a patient–provider relationship, the
provider is obliged to attend the case as long as it requires attention, unless the patient is given
reasonable notice of the provider’s intention to withdraw, or the patient informs the provider that
the services are no longer desired.
9. A contract was formed when the patient scheduled the appointment. The provider’s actions
constitute abandonment, and damages should be awarded. If the provider desires to withdraw
from the case, the reasonableness of notice becomes an issue that depends on the patient’s
condition, the availability of other competent providers, the manner of notice, and, indirectly, the
patient’s educational and economic status. Here, it was unreasonable of the provider to refuse
treatment based upon the patient’s need for a guide dog. And the provider made no effort to
arrange for alternative care for the patient.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 2
website, in whole or in part.
Health Care, 1st Edition Wendy Mia Pardew
Notes
1- All Chapters are step by step.
2- We have shown you 10 pages.
3- The file contains all Appendix and Excel
sheet if it exists.
4- We have all what you need, we make
update at every time. There are many new
editions waiting you.
5- If you think you purchased the wrong file
You can contact us at every time, we can
replace it with true one.
Our email:
Our website:
testbanks-store.com
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 1, The Big Business of
Health Care and You
Solution and Answer Guide
Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 1, The Big Business of Health
Care and You
Table of Contents
Study Questions .................................................................................................................................................................................... 1
Cases For Discussion ........................................................................................................................................................................... 1
Study Questions
1. Frontline health care professionals can help prevent medical malpractice lawsuits by:
• Representing themselves and their employers in a professional manner.
• Know the applicable laws and regulations.
• Understand their scope of practice.
• Maintain positive patient interactions.
• Minimize the nonmedical and nonlegal variables involved in malpractice.
• Abide by HIPAA's regulations regarding patient confidentiality.
2. The owner of a sole proprietorship has unlimited personal liability and does not have the tax
advantages of an LLC or a corporation. There is no legal separation between you and your
business in a sole proprietorship.
3. Unlike a partnership, a person’s interest in a corporation is represented by stock, and the risk for
the corporation’s debt does not extend past the amount invested; except for very rare situations
(called piercing the corporate veil), the personal assets of a corporation’s shareholder are not at
risk to cover corporate liability.
4. A provider may be tempted to achieve maximum financial reward by not ordering tests or
procedures or prescribing medicine.
5. Personal health information has become a lucrative target for illegal actions on the internet.
Health care companies have more liability than just HIPAA violations, and they now need to be
stalwart defenders of their technologies' security.
Cases For Discussion
1. The Central Texas Medical Foundation and Brackenridge Hospital should be held vicariously liable
for Dr. Villafani’s treatment of the plaintiff. The Foundation and Brackenridge Hospital had control
over the details of Dr. Villafani’s work, so the court concluded he was the Foundation’s “borrowed
employee” when he treated plaintiff. Consequently, St. Joseph’s could not be vicariously liable
under the theory of respondeat superior, in part, because St. Joseph’s had no control over Dr.
Villafani’s work at Brackenridge. St. Joseph Hosp. v. Wolff, 94 S.W.3d 513 (Tex., 2002).
2. Parkview may be held vicariously liable for Christian's misconduct even if the actions in question
ran directly counter to Parkview rules or policies, such as the Confidentiality Agreement and the
Acknowledgment Regarding Access to Patient Information. The employee’s conduct was likely
incidental to her duties at work because it was "of the same general nature" as her authorized job
duties, which included use of the electronical medical records, management of schedules and
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 1, The Big Business of
Health Care and You
communication, and other tasks that required access to patients' charts. While this case was
settled before trial, it is likely Parkview should be found vicariously liable given the facts in this
case. SoderVick v. Parkview Health Sys., 148 N.E.3d 1124 (Ind. App. 2020).
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 2
website, in whole or in part.
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 2, Laws and Regulations
You Will Encounter Laws and Regulations You Will Encounter
Solution and Answer Guide
Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 2, Laws and Regulations You
Will Encounter
Table of Contents
Study Questions .................................................................................................................................................................................... 1
Cases For Discussion ........................................................................................................................................................................... 1
Study Questions
1. Responses will vary.
2. While it may not be a discriminatory question, it is ill advised as there is a lot of room for follow
up questions that may be discriminatory. Instead, it is better to be clear during the interview as to
the company policy. For example, you can mention that vaccination or a viable medical excuse is a
requirement of employment.
3. The Family Medical Leave Act.
4. If a health care professional receives a needle stick at work, they should follow procedures in the
office procedures/protocol manual. In addition, providers and their staff must comply with
OSHA’s Bloodborne Pathogens regulation (29 CFR 1910.1030), which establishes standards for
exposure incidents involving bloodborne pathogens.
Cases For Discussion
1. The issue in this case is whether material written in a personnel manual may constrain an
employer’s power to terminate an employment relationship that would otherwise be terminable
at will. When the chief executive officer testified that Leikvold was terminated because of her
requested transfer to a subordinate position, Leikvold argued that the employees’ handbook was
part of her employment contract and that she could not be fired unless for a reason listed.
Applying for a subordinate position was not listed as a cause for discharge.
The court agreed with Leikvold and returned the matter to a lower court for trial on the
facts. The court stated: “If an employer does choose to issue a policy statement in a manual or
otherwise, and by its language or by the employer’s actions, encourages reliance thereon: the
employer cannot be free to only selectively abide by it. Having announced a policy, the employer
may not treat it as illusory.” Leikvold v. Valley View Community Hospital, 688 P.2d 170 (Az. 1984).
2. Markus' behavior would likely be deemed sexual harassment, which is unwelcome sexual
attention at an employee's workplace that establishes a hostile work environment, negatively
affects the employee's ability to do their job, or which results in a detrimental change in their job
responsibilities. When Markus continued his conduct after his advances were declined, his
conduct became harassment.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
,Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 3, From the Constitution to
the Courtroom
Solution and Answer Guide
Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 3, From the Constitution to
the Courtroom
Table of Contents
Study Questions .................................................................................................................................................................................... 1
Study Questions
1. The Supremacy Clause ensures that the federal government can legislate certain matters that fall
under one of its enumerated powers, including interstate commerce and foreign relations.
Consequently, when there is a conflict between federal and state law, the Constitution Supremacy
Clause tells us that federal law will govern. There are, however, exceptions to this rule.
2. The three branches of government are the executive, the legislative, and the judiciary. There are
checks and balances, so no one branch can gain too much power.
3. The three levels of the judiciary are the trial court, the mid-level appellate court, and the highest-
level appellate court. The name of the highest court in the United States is the Supreme Court.
4. Federal agencies can make their own rules and prosecute those who violate the rules, provided
Congress gives them this power.
5. The major distinction between criminal and civil law is that criminal law involves the prosecution
of cases by the state against a defendant who has been charged with violating a specific criminal
statute, and, if found guilty, the defendant may face time in prison. Civil law generally involves a
dispute between individuals or legal entities such as corporations, and even though the state (or
federal government) can be a party in a civil lawsuit, the defendant in a civil lawsuit will not face
the possibility of prison.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 4, Criminal Acts and
Intentional Torts Laws and Regulations You Will Encounter
Solution and Answer Guide
Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 4, Criminal Acts and
Intentional Torts
Table of Contents
Study Questions .................................................................................................................................................................................... 1
Cases For Discussion ........................................................................................................................................................................... 1
Study Questions
1. The element of intent differentiates murder from euthanasia. Often courts are more lenient with
people charged with euthanasia if the objective of the killing was to spare a terminally ill person
additional pain.
2. Statutes and regulations on child and elder abuse affect the medical office because the reporting
of suspected child or elder abuse is mandatory.
3. The difference between robbery and larceny, both of which involve the theft of another's
property, is that robbery involves the victim being physically injured or being put in fear of bodily
injury. Larceny is a theft that does not involve the use of force.
4. The patient can file a complaint against the hospital for a claim of false imprisonment.
5. Which ae examples of insurance fraud and which are examples of insurance abuse:
a. Insurance Fraud
b. Insurance Fraud
c. Insurance Fraud
d. Insurance Abuse
e. Insurance Fraud
Cases For Discussion
1. In most states, each one of the hypothetical situations would be identified as child abuse and
should be reported.
2. If it can be proven that the provider had an intent to defraud for purposes of collecting additional
billings or other unsound or unprofessional reasons, the patient would likely be successful in a
civil fraud suit. Such fraud can also be criminal. The important facts are that there was intent and
that the purpose was to obtain payment.
3. Venner was found guilty of possession of marijuana with an intent to distribute. In this case, the
police did not confront or even see Venner at the hospital. There was nothing in the record to
suggest that when the nurses, in the normal routine, took the bedpans from Venner’s bed to the
place for disposition of their contents that it was a place where Venner had a constitutionally
protected right of privacy. Nor was there anything to suggest that Venner exercised or attempted
to exercise any right of possession or control over the balloons. They were abandoned by Venner,
and their subsequent retrieval on behalf of the police was lawful. Venner v. State, 30 Md. App.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 4, Criminal Acts and
Intentional Torts Laws and Regulations You Will Encounter
599. 354 A.2d 483 (1976).
4. The court held against the defendant surgeon and stated that it could not be concluded that the
article was written solely for scientific purposes stating that “even a scientific publication may be
nothing more than someone’s advertisement in disguise.” Griffin v. Medical Society of New York,
11 N.Y.S.2d 109 (N.Y. 1939).
5. The court ruled against the provider. The provider’s refusal to correct or retract his error and the
injury that it inflicted on the patient were considered sufficient for the jury to award substantial
damages. Vigil v. Rice, 397 P.2d 719 (N.M. 1964).
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 2
website, in whole or in part.
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 5, What Makes a Contract
Laws and Regulations You Will Encounter
Solution and Answer Guide
Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 5, What Makes a Contract
Table of Contents
Study Questions .................................................................................................................................................................................... 1
Cases For Discussion ........................................................................................................................................................................... 2
Study Questions
1. Implied: rolling up a sleeve to accept an injection; taking a pill given to you; following instructions
during an examination; describing symptoms and history. Express: completing admission
documentation or an informed consent form; verbally saying “yes” to a provider’s recommended
course of treatment.
2. Without an express contract, providers typically do not warrant the results of their work. An
express contract can be written or oral. If the patient’s comments were inaccurate and the results
of the surgery not as described, the patient would feel as if the provider did not do what he or
she stated. Here, it would be worthwhile to discuss the patient’s understanding of what the
provider stated and make any needed corrections. Such a situation should be noted in the
patient’s chart.
3. Generally, parents are responsible for the financial needs of their minor children. In this case, the
issue of confidentiality must be addressed. Because the minor was pregnant, she is able to
consent to medical care, which implicitly suggests the parents do not know about the pregnancy.
A provider may be deemed to have breached the patient’s confidentiality by seeking payment
from the parents. A provider may dismiss a patient for nonpayment of fees, but you must do so in
a way that allows the patient to obtain other care. In addition, depending on the facts, the
patient–provider relationship established during the first pregnancy may be deemed concluded,
so at the time the patient requested an appointment the provider could have refused to accept
her as a new patient. If after the first pregnancy, the provider chose to terminate the patient, they
should send detailed letter to the patient confirming discharge using certified mail and allowing
time for the patient to find a new provider.
4. A conservator is a person appointed to care for another’s financial matters. A legal guardian
would be appointed to make health care decisions for someone who did not have the legal
capacity to contract. Because the woman is a conservator, rather than a legal guardian, she would
not be able to consent to medical treatment on behalf of the minor. I would explain the difference
between the two and help the woman identify the appropriate person to consent to medical
treatment.
5. The federal Fair Debt Collections Practice Act (FDCPA) governs collections practices. The FDCPA
prohibits many different collection practices—for example, threats of violence, use of abusive
language when trying to collect the debt, harassment by means of phone calls, and deception
and unfair methods of collection (e.g., threatening to deposit a postdated check before the date
of the check, intentionally causing the debtor’s other checks to be dishonored).
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
, Solution and Answer Guide: Pardew, Applied Law & Ethics in Health Care, CY23, 9780357623879, Chapter 5, What Makes a Contract
Laws and Regulations You Will Encounter
Cases For Discussion
1. The gynecologist was right to refuse to enter into a contract to perform the abortion. The court
would not require the 16-year-old female have an abortion and would likely consider the
teenager a mature minor, who is legally capable of making such decisions for herself. As a result,
the teenager had the legal capacity to choose not to enter into a contract for abortion. In making
this determination, the court would consider the age of the pregnant teenager, and her emotional
maturity, intelligence, and ability to comprehend the decision when making this decision. If the
16-year-old could not be considered a mature minor, it’s likely that a doctor would not perform
the abortion without a court order.
2. The court would likely agree with the father. When the provider allowed the patient to be
admitted to the hospital under his name, the provider established a patient–provider relationship.
3. The radiologist took the X-rays that were ordered by the provider and likely prepared a report as
to the patient’s diagnosis. The radiologist undertook to treat the patient by taking and reading X-
rays, so there was a contractual relationship with the patient even though he never saw her.
4. The court would not find the consultant provider liable for the gauze in the patient’s abdomen.
The consultant provider was not present during the surgery, and there was no reason to think he
should have known about the gauze left in the patient’s abdomen. It is also possible that there
was no consideration, which would allow for a contract to be formed, since the consultant
provider was not expecting a fee.
5. The surgeon would not be liable for breach of contract. Assuming there was informed consent
that would have explained that the procedure may not work, the husband’s vasectomy not
preventing conception would be a risk.
6. If the surgeon warranted specific results, he or she would be liable for breach of contract. Here,
the surgery was to improve the patient’s appearance, not worsen the appearance, so the surgeon
would be liable for breach of contract.
7. If the surgeon warranted specific results, the surgeon would be liable for breach of contract. Here,
the surgery was to sterilize the patient, but one of the fallopian tubes was left intact, so the
surgeon would be liable for breach of contract.
8. No, the provider did not have the right to discharge the patient from the hospital because he
could not pay his bill. The provider abandoned the patient when he discharged him too soon
after the electroshock treatment. When a provider enters into a patient–provider relationship, the
provider is obliged to attend the case as long as it requires attention, unless the patient is given
reasonable notice of the provider’s intention to withdraw, or the patient informs the provider that
the services are no longer desired.
9. A contract was formed when the patient scheduled the appointment. The provider’s actions
constitute abandonment, and damages should be awarded. If the provider desires to withdraw
from the case, the reasonableness of notice becomes an issue that depends on the patient’s
condition, the availability of other competent providers, the manner of notice, and, indirectly, the
patient’s educational and economic status. Here, it was unreasonable of the provider to refuse
treatment based upon the patient’s need for a guide dog. And the provider made no effort to
arrange for alternative care for the patient.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 2
website, in whole or in part.
