Current Legal, Ethical and Regulatory Issues in Health care

Legal and Ethical Issues for Health Professionals Assignment Help Corporate Negligence

The corporate negligence is a philosophical system that describes liability of the hospital at that time, when a hospital could not perform its duties in standard ways in the context of patients’ safety and their well being. The corporate negligence could come in several forms. In general our university assignment help experts says that, it happens at that time, when the hospital or their management breaches their responsibilities that do harm to someone (Pozgar, 2009). Corporate negligence generally includes breach of duty of care, and its impact over the patients in the form of harm.

Legal issues in Darling v. Charleston Community Memorial Hospital The case of Darling came in 1965 that was the first case in the history. It presented the case of corporate negligence. In this case, Charleston Community Memorial hospital was a charitable hospital that was sued under the doctrine of Charitable Immunity due to lees effective approaches by doctors and nurses towards their responsibilities in the case of a patient. The bylaws of hospital, licensing regulations, and certification related to the service standards evidenced that the hospital was established under the act of healthcare services (Pozgar, 2004). Therefore, the case health care study help says that its generated the legal issues related to the breach of those responsibilities and duties against the hospital because the hospital did not treat the patient according to the doctrine of healthcare. According to the case, Darling was a player of football who broke his leg in a game. Then, the call doctor of the hospital had placed his leg in a cast that developed gangrene. Due to this situation, the other doctor of another hospital cut off his leg below the knee and said that the on-call doctor of Charleston Community Memorial Hospital did not perform his duty in responsible manner (Stahl, 2004). Therefore, the hospital was negligent because of two reasons. The first reason was that the hospital did not review the act of the doctor and the supporting staffs as nurses failed to take the necessary steps related to the proper tests of patent’s injuries.

Respondeat Superior The respondeat superior is a legal entity that is accountable to the agents’ commission and omission. It also provides an opportunity to the injured parties for recovering their actual damages because under the responsibilities of respondeat superior, the owner of the organization is fully liable for the act that is performed by related employees (DeWitt, 2006). It could be better understood from the example of physician and nurse. For example, a nurse takes decisions for the distribution of ataractic drug to abnormal patients without the drug testing license by that she could know the real impact of the drug over the immune system of human being. For this act, the nurse does not take the instruction of the physician (Iyer, 2001). Hence, this situation presents the violation of medical procedures. In another example, a physician that was responsible to tackle the emergency case in the hospital passed a rule for the family members of the patients that he would run the activities of emergency room after seeing the receipts of payment. The physician made this decision without the proper consideration from the management. On the other hand, the hospital was also attached with several health insurance agencies that provided the charges for patient’s care to the hospitals after sometimes (McConnell, 2007). After this, in a night, a critical injured people came into the hospital with his health insurance card and asked for the emergency services, but the physician did not give him the first aid because of the payment slips. Hence, due to this, the person died. The activities of physician and nurse were unethical (Weinrib, 2012). At the same time, it was the responsibility of hospital’s authorities to monitor the activities of their medical staffs. Therefore, these activities of physician and nurse could lead vicarious liabilities of their healthcare organizations under the legal practices and principles of respondeat superior.

Duties and Corporate Responsibilities of Healthcare Organization Hospitals are incorporated under the healthcare laws hence; it is an important duty of hospitals is to cure their patients with every possible safety manner. The corporate responsibilities are also as the corporate duties for hospitals because these are applied by the law and the hospitals could enforce under the legal proceedings (Garcarz,, 2003). Hence, the main corporate responsibilities of the hospitals are to select skilled employees, monitor the practices of the staff members, depiction of clinical privileges, establish objectives, policies and procedures, and supervise and vigilance the welfare activities on the basis organizational assets (Pozgar, 2004).  On the other hand, the other corporate duties of the hospitals are to hold the meetings with the responsible authorities and establish the effective health care policies to provide enough insurance and pay the taxes.

Role of Healthcare Organizations The nature of healthcare services is so critical because it is directly related to the health of a patient. Hence, the doctrine of healthcare employs several corporate duties and responsibilities to the healthcare organizations for protecting the life of patients from any harm. Hence, on the basis of corporate responsibilities, there are some effective roles of hospitals such as the excellence of clinical practices, the caring environment of hospital, policies and procedures related to the delivery of quality services to the patients, policy and respected action in the case of any indiscipline. These are some major points that help to get the insurance that the hospital compliances its duties and responsibilities effectively (McConnell, 2007). On the other hand, the satisfaction of patients is also a judgment line to ensure that the healthcare organization is acting according to accepted standards.

References DeWitt, A.L. (2006). The Respiratory Therapist’s Legal Answer Book. USA: Jones & Bartlett Learning. Garcarz, W., Chambers, R. & Ellis, S.J. (2003). Make Your Healthcare Organisation a Learning Organisation. Cornwall: Radcliffe Publishing. Iyer, P.W. (2001). Nursing Malpractice (2nd ed.). USA: Lawyers & Judges Publishing Company. McConnell, C.R. (2007). Effective Health Care Supervisor (6th ed.). USA: Jones & Bartlett Learning. Parelli, R.J. (2008). Medicolegal Issues for Diagnostic Imaging Professionals (4th ed.). USA: CRC Press. Pozgar, G. (2009). Legal and Ethical Issues for Health Professionals (2nd ed.). USA: Jones & Bartlett Learning. Pozgar, G.D. (2004). Legal Aspects of Health Care Admin (9th ed.). USA: Jones & Bartlett Learning. Stahl, M.J. (2004). Encyclopedia of Health Care Management. USA: SAGE. Weinrib, E.J. (2012). The Idea of Private Law (2nd ed.). Oxford University Press. Get Health care Professionals assignment help for the college students of Australia and US by experienced experts. We assure you that you will get perfect and complete business health care plan assignment help services from our experts.