Questions and Answers of The Law Of Healthcare Administration

Describe how partial and circular reasoning can be helpful or harmful in resolving ethical dilemmas.
Describe the various roles of advanced practice nurses.
Describe the various legal risks for nurses.
Describe the various errors that can occur in the administration of medications.
Discuss why it is important to report significant changes in a patient’s condition to the treating physician.
If a nurse disagrees with a physician’s written orders, discuss what action the nurse should take to protect the patient’s safety.
Discuss under what circumstances a nurse has a duty to question a patient’s care.
Discuss the importance of the patient’s responsibility to communicate to the staff any symptoms he or she is experiencing.
Describe the various federal labor acts.
Discuss the rights and responsibilities of unions and management.
Describe the purpose of an Affirmative Action Plan.
Describe a patient’s rights during labor disputes.
Discuss the types of discrimination that occur in the workplace.
Describe various historical events that have led to the growth of hospitals and at times impeded their progress over the centuries.
Describe advances in medicine that have contributed to improving the quality of patient care.
Although everyone makes mistakes, describe how history repeats itself when there are patterns of progress and regression in the provision of patient care. In forming your answer, consider how
Who is often recognized as being the first hospital administrator and what major contributions did she make to nursing and the improvement of patient care?
Which invention attributed to van Leeuwenhoek had a pronounced influence on the creation of the sciences of cytology, bacteriology, and pathology?
What data did Semmelweis collect, and what was the significance of those data as related to performance improvement in the present-day hospital?
What were two of the most profound influences in the development of present-day hospitals?
Describe how you think history is repeating itself in today’s healthcare system.
Define the term law and describe the sources from which law is derived.
Define the legal terms precedent, res judicata, stare decisis, original jurisdiction, and appellate jurisdiction.
Describe the function of each branch of government.
What is the meaning of separation of powers?
What is the function of an administrative agency?
Describe the responsibilities and the various agencies within the DHHS.
Describe what is meant by the term political malpractice.
Describe how ethical theories, principles, virtues, and values are helpful to caregivers and the ethics committee in resolving ethical dilemmas.
Describe how spirituality and religion help to shape one’s healthcare choices.
Describe why healthcare decisions can change as circumstances change.
Describe the consultative role of the ethics committee when addressing ethical dilemmas.
Describe the objectives of tort law.
Discuss the distinctions among negligent torts, intentional torts, and strict liability.
What forms of negligence are described in this chapter?
How does one distinguish between negligence and malpractice?
What elements must be proven in order to be successful in a negligence suit? Illustrate your answer with a case (the facts of the case can be hypothetical).
Can a “duty to care” be established by statute or contract? Discuss your answer.
Describe how intentional torts and negligence differ.
Describe the categories of intentional torts.• What is the difference between assault and battery?• What is defamation of character? What two forms can it take?• Under what circumstances can a
What is products liability?• Describe what legal theories an injured party can pursue when filing a lawsuit against a seller, manufacturer, or supplier of goods.• Describe the defenses often used
Discuss the objectives and classification of criminal offenses.
Discuss the criminal trial process.
Describe some of the more common criminal offenses that occur in healthcare settings.
Explain the importance of a “written” contract.
Explain the elements of a contract.
Describe the differences between an express and an implied contract.
Describe various defenses and remedies available for nonperformance of a contract.
Explain why and under what circumstances an employee handbook can be considered a contract.
Explain why employers should place disclaimers in employee handbooks.
Discuss the pretrial discovery process.
Describe the trial process.
Describe the role of the judge and jury in the trial process.
Explain the terms res ipsa loquitur and judicial notice rule.
Describe the forms of evidence presented by a plaintiff at trial.
Describe defenses to a lawsuit a defendant can offer at trial.
Explain the purpose of the judge’s charge to the jury.
Describe the various types of damages that can be awarded to the plaintiff.
Explain from where a corporation derives its authority.
Explain the difference between express, implied, and corporate authority.
Discuss corporate organization and committee structure.
Describe corporate ethics, the Sarbanes–Oxley Act of 2002, and corporate compliance.
Explain the terms corporate negligence, respondeat superior, and independent contractor.
Describe the duties of healthcare organizations, the CEO, and medical staff.
Explain the purpose of corporate reorganization and the process of restructuring.
Describe what is meant by parent holding company model.
Describe various principles identified in the medical code of ethics.
Explain medical staff organization and committee structure.
Describe the privileging and credentialing process.
Understand and describe common medical errors and how they lead to litigation.
Explain how the physician–patient relationship can be improved.
Describe common legal issues for behavioral health professionals.
Discuss the importance of “duty to warn” for behavioral health professionals.
Discuss major concerns in controlling and reducing the spread of hospital-acquired infections.
Describe in what ways the scope of nursing has changed.
If a nurse knows that a piece of equipment is defective, should the nurse attempt to fix the problem? Discuss your answer.
Discuss why a nurse is not only a nurse, but also a patient advocate.
Describe the wide variety of legal issues that occur in the emergency department setting.
Discuss the purpose of the Emergency Medical Treatment and Active Labor Act.
Should medical advice be dispensed on the telephone? Explain your opinion.
Describe a variety of negligent errors that have application to all healthcare professionals.
Describe the purpose of certification and licensure, and list reasons for revocation of licenses.
Describe the importance of a multidisciplinary approach to patient care.
Explain the difference between consent and informed consent.
Discuss the differences among verbal, written, and implied consent.
Describe the role of the patient, physician, nurse, and hospital in obtaining informed consent.
Describe the theories under which the validity of consent might be proven.
Explain how consent differs among competent patients, minors, guardians, and incompetent patients.
Discuss under what circumstances a patient might refuse treatment.
Explain the available defenses for defendants as it relates to informed consent.
Can a patient consent to a procedure and then withdraw it? Discuss your answer.
Discuss under what circumstances parental consent for a minor might not be necessary.
Describe various forms of child abuse, how to recognize it, and reporting requirements.
Describe various forms of elder abuse, how to recognize it, and reporting requirements.
Discuss the importance of reporting births and deaths.
Explain why it is important to report communicable diseases, adverse drug reactions, and infectious diseases.
Explain how and why physician incompetency is reported.
Explain the importance of incident reporting, sentinel events, and the purpose of root cause analyses.
Describe the importance of information management planning.
Describe the importance and contents of medical records.

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