which are usually determined by the jury

which are usually determined by the jury

which are usually determined by the jury 1. List and define the four type of damages, which are usually determined by the jury2. Terry O’Rourke, a 25-year old patient of Dr. Williams, refuses to take her medication tocontrol diabetes and is not following her dietary plan to control her disease. After repeatedattempts to help the patient, Dr. Williams had decided that she can no longer provided care forTerry. The office staff has been advised not to schedule Terry for any more appointments.a. Is there an ethical and/or legal concern regarding this situation?b. Is there anything else that Dr. Williams or her staff should do to sever the patientrelationship with Terry?c. Is this a breach of contract on the part of Dr. Williams?3. What is the False Claims Act?4. What constitutes a false claim? Give several examples.5. Monica is the director of Health Information and Technology Services at General Hospital. Atthis facility, patient records are hybrid (hybrid means both paper and electronic health record).The hospital was named as a defendant in a medical malpractice lawsuit by a former patient (ie,plaintiff). The trial is scheduled during the next week.During the discovery process, the plaintiff’s health records and an incident report relative to theplaintiff’s hospital stay were obtained by the plaintiff’s attorney via subpoena. The plaintiff’sattorney has made it clear that she intends to have the health records and the incident reportadmitted into evidence and, further, that metatdata associated with the electronic portions of theplaintiff’s records will be sought.a. What is the likelihood of the plaintiff’s health record being admitted into evidence?b. What is the likelihood of the incident report being admitted into evidence?c. What is metadata? What type of information might the plaintiff’s attorney be looking for byseeking metadata associated with the electronic portions of the health record?6. You drop a sterile packet of gauze on the floor. The inside of the packet is still considered sterile;however, the policy in your office is to resterilize anything that drops on the floor. This is the last sterilepacket on the shelf and the physician is waiting for it. The chances are very slight that any infectionwould result from using the gauze within the packet.a. What do you do?7. Who or what determines the length of time for the statute of limitations?8. Lilly, a registered nurse (RN), and her husband are finally leaving on their vacation trip. Theypull up at a red light as it is about to change to green. They watch in horror as a large truck,moving fast down a hill, is unable to stop before crashing into a van carrying a mother and achild. The van is thrown int the air and lands in a small park. Lilly runs over to offer aid. Shefinds a semi-conscious woman in the driver’s seat and an unconscious 4 year old little boy in theback strapped into his car seat. The mother asks Lilly if Christopher is all right before she slipsinto unconsciousness. Christopher is unconscious and not breathing with his head down andtouching his chest. He has a gash bleeding on the side of his head caused by his tricycle flyingover the back seat during the crash.A truck driver, who also stopped to give help, yells in the window at Lilly, "Don’t move him!"Lilly knows that she has to get Christopher’s breathing started. Even though the truck driver isstill yelling at her not to move the boy, she gently lifts his head off his chest. Christopher, stillunconscious, starts breathing immediately. Lilly stops the bleeding on his head by applyingpressure using a clean handkerchief from her husband. Emergency help arrives ten minutes later.a. In your opinion, even though Lilly knew that, in most cases, an injured victim should not bemoved, did she do the right thing by moving Christopher’s chin up so that he could breathe?b. Was Lilly covered by the Good Samaritan law or was she held to a higher standard since shehas a nursing license?c. Was Lilly, an RN, legally required to stop and provide aid? Was she ethically obligated to stopand provide aid?d. In your opinion, is it always a good idea to stop and give assistance at an accident site beforemedical help arrives?9. Why is Darling vs Charleston Community Memorial Hospital a benchmark case?10. Does the doctrine of respondeat superior always protect the employee? Explain why or why not.11. Dr. Michelle Williams has just telephoned Carl, her office nurse, explaining that she (Dr.Williams) is behind schedule doing rounds at one of the hospitals. She has asked Carl to due hera favor and interpret Mrs. Harris’s EKG, sign her name, and fax the report to Mrs. Harris’sinternist, who is expecting the results. Carl learned in one of his classes how to perform an EKG,and actually performed one in his skills class and at one of his clinicals. He also hadthe opportunity to learn how an EKG is read and interpreted while he was in nursing school. Dr.Williams’ EKG machine includes new technology that interprets EKGs.a. Given the scope of Carl’s education and training, would this ‘favor’ fall within his scope ofpractice?b. Would any portion of Dr. William’s request fall within the scope of practice for Carl?c. Does Dr. Williams’ request violate the physician-patient relationship? Why or why not?d. What, if anything, should Carl say to Dr. Williams?12. Rachel Mas, a phlebotomist, drew a blood sample from Glenn Ross, a 30-year-old patient ofDr. Potter, to test for AIDS. As Glenn was leaving the office, his friend Harry came in and theygreeted each other. Rachel took Harry into an exam room, and in the course of makingconversation, he told her that he was a good friend of Glenn’s. He asked Rachel why Glenn wasseeing the doctor. Rachel responded that it was just for a routine test for AIDS.When Harry arrives back home, he called Glenn and told him what the phlebotomist said. Glenncalled Dr. Potter and complained about Rachel’s action and said that he planned to sue Dr. Potter.Dr. Potter dismissed Rachel. Dr. Potter told Rachel that if Glenn did bring a lawsuit against herand she lost, then she would sue Rachel.a. What should Rachel have done when Harry asked about Glenn’s reason for being in theoffice?b. Does Dr. Potter have a legal right to sue Rachel if she (the doctor) was sued and lost?c. What important right did Rachel violate?13. An employee of a hospital obtains medical information of a family member (patient) from thehospital computer system. She gives the information to another relative who is involved inlitigation with the family member (patient). When confronted, the employee admits thewrongdoing.a. Should the employee be fired?b. Are we required to notify the government about the violations and/or firing?

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