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HSA515 Week 1 Scenario Script: Health Care Policy, Law, and Ethics – History of Hospitals; Development of US Health Law; Understanding of the Foundation of Law
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Check My Assignment!Prof Charles: Hello everyone! My name is Professor Charles Daye and welcome to Health Policy, Law, and Ethics.
I am excited about the opportunity to facilitate this course and look forward to engaging each of you over the next several weeks.
I have been a hospital CEO for many years and have obtained a law degree, a PhD in Health Administration, and a D.B.A. in Organization Development.
Currently, I am a CEO of a medium size consultancy firm involving corporate responsibility and institutional liability for all types of health providers.
I would like to get to know a little about you and your goals for the course.
Let’s begin with you, Casey.
Casey: Hi everyone. My name is Casey Williams. I’m currently a Patient Advocate in a large hospital. I am interested in healthcare administration because I work closely with patients and senior hospital management and I find the work very stimulating.
After earning this degree, I would like to become a healthcare administrator. This course in legal aspects of healthcare administration will go a long way in helping me to understand that part of the job.
Donald: It’s nice to meet you Casey and Professor Charles. My name is Donald Miller and I’m really looking forward to learning more about the law and healthcare administration. I have always been interested in the law and caring for people in need. Healthcare administration is my career goal as well.
I am currently working in a private clinic and want to major in the Health Services Administration so I may advance my career.
Prof Charles: When you think of healthcare administration and law management, what is the first thing that comes to mind?
Casey: Hopefully our future career field…(students laugh).
Donald: I agree. Sounds like a challenge, but we’re up for it (sounding enthusiastic).
Prof Charles: Your positive attitudes are contagious, which is a good thing. (Professor Laughs). I’m looking forward to the next few weeks and helping you achieve your goals. Let’s get started.
Slide 3
Scene 3: Interior – Classroom
Ø Prof Charles reviews the objectives of the course
Prof Charles: Throughout this course, you will explore health law, theory, concepts, tools, and case law in healthcare administration. We will examine real cases and their applicability to daily patient care in modern healthcare facilities and how to prevent violations and negligence from occurring.
In addition, we will examine emerging trends in the health care industry that affect providing a safe environment within healthcare organizations. Among the topics to be covered include criminal law, torts, theories of law, state and federal law, ERISA, negligence, risk management, informed consent, ancillary services, negligent credentialing, and continuous quality improvement in legal aspects of healthcare administration.
During this lecture, we will examine the first common law court case in America during 1789 and public policy as a principle of law. Public policy maintains that no one can lawfully do that which tends to be injurious to the public or against the public good. We will also discuss common law and its basis for the rule of law and the rules of culture and the public good.
Prof Charles: Can someone explain the derivation of common law and its relationship to the public good?
Casey: I will give it a shot….I think these two concepts, though related, have very distinct differences. It is quite easy to confuse the terms.
Both common law and the public good go hand-in-hand. Common law is derived from principles and rules during the trial of court cases. Public policy is the principle of the laws that says, “No one can lawfully do that which tends to do harm to the public or against the public good.”
Donald: So, is it safe to assume that enacted laws should support common and the U.S. Constitution and the public good?
Prof Charles: Absolutely. Great question, Donald.
Donald: Professor, I am still not sure that I fully understand how common law can be abolished.
Prof Charles: Well, common law as expressed in federal law, US Constitution, federal treaties take precedence over the constitutions and laws of specific states and local jurisdiction.
Casey: So you’re saying state and local laws can only enact and enforce laws that do not conflict with federal law?
Prof Charles: That’s correct, Casey. Statutory laws may be declared void by a court; for example, a statute may be found unconstitutional because it does not comply with a state or federal constitution, because it is vague or ambiguous, or, in the case of state law, because it is in conflict with a federal law.
Donald: Thanks Professor, it’s beginning to make sense to me. I am actually looking forward to learning more.
Slide 4
Scene 4: Interior Classroom
Ø Prof Charles: Reviews the role of common law and malpractice
Prof Charles: Now let’s focus on the role of the common law in the 1794 first common law case Cross v. Guthrey where a physician, for the first time in America, is held responsible for negligence in patient care, or malpractice.
Mrs. Cross developed a pain in her breast and consulted Dr. Guthrey who amputated her breast and she subsequently died due to bleeding. Mr. Cross sued Dr. Guthrey after receiving a bill for the failed operation. The lawyer for Mr. Cross asserted that Dr. Guthrey’s bill should be dismissed and Mr. Cross should be awarded a significant amount of money for the loss of his wife’s companionship. The jury concurred.
Would you agree or disagree with that ruling and why?
Donald: I would agree that Dr. Guthrey committed malpractice. I mean Mrs. Cross died as a result of his surgery.
Casey: I do not agree because Dr. Guthrey tried to relieve the source of her pain and just because medical knowledge was not so advanced does not mean he was negligent.
Donald: Casey provides a good argument, but just because medicine was not advanced at the time does not mean Mrs. Cross did not suffer a wrongful death….
Prof Charles: That is a very interesting point of view…Casey what do you think of Donald’s comment about the cause of death being wrong as a result of negligence?
