...The Snow Storm Lawsuit Debtay Becky Gilliland Health Care Policy. Law and Ethics-HSA515 July 25, 2010 1. Identify and explain at least three legal considerations. In this scenario there were several legal considerations regarding the snow storm and the capacity of the hospital to accommodate those needs. According to the text there would be several factors to consider in regards to the legal concerns of the situation. 1. Whether the patient condition is an emergency and whether the hospital has the staff and facility to treat. 2. Whether the patient has been treated at the facility before. 3. Relates to the hospital ownership and whether it has received federal funds under Hill-Burton Act. (pg. 160) Under these factors being considered there was a great concern of inadequacies of obligations regarding patients due to nature of the incidents. The hospital was not able to accommodate the needs of the patients involved because of inadequate staff coverage especially medical staff coverage. The situation made it very difficult to obtain all the necessary requirements of documentation to view the entire patient’s medical history and thorough review of systems regarding all the patients in the snow storm. The hospital also has an obligation to its staff in regards to their safety as well. Several employees were not able to fulfill their job duties due to the inability to get through the snow storm without causing harm to them as well. In a normal capacity...
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...HSA515 February/1/2011 Healthcare Policy Law and ethics Abstract The Snow Storm Lawsuit is a case of Negligence, Duty to act, and wrongful death. This paper will explain the legal, ethical and professional considerations. The Chief Executive Officer of a small non-profit community hospital were on vacation in the Bahamas, the are was hit by a large snow storm, in this case, many of the hospitals health care providers were unable to make it to work, as a result. This paper will explain how the employees reacted, and how the patients ethically, legally and professional suffered from the unexpected incident. While the Chief Executive officer of a small non-profit community hospital was vacationing in the Bahamas, the area was hit by a large snow storm. Many of the hospitals health care providers were unable to make it in to work, 3-11 and 11-7 shifts. As a result the patients units were understaffed and days shift personnel were required to remain on duty until relieved. During this snow storm, several patients sustained minor injuries from falls out of their bed, and one patient died after being given the wrong medication, the nurse on duty also left the hospital to go to Wendy’s to buy dinner, after one year, the families of these patients sued the hospital on the behalf of their deceased relatives. The three legal considerations are, during the snow storm, many of the hospital health care providers were unable to make it to...
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...hospital because they were agents or employees at the time of snow storm. The day shift staff that remained on duty and nurse who agreed to come in assumed the role of agents that were authorized to act on behalf of the hospital. I am the C.E.O. of the hospital, and even though I am on vacation, my duties are still the same as they always are. It is my responsibility to make that the hospital is properly staff in the event of an emergency or the event of inclement weather. This is my duty whether I specifically carry out this duty or I assigned someone else to do so. It is also my duty to make sure that the staff carries out the duty of care to the patients at the hospital. Therefore, under the doctrine of apparent agency, I can be liable for the actions of those agents or employees working at the time of the incident. Under the rule, the principal, me the C.E.O., is bound by the acts of my agents with the apparent authority which I knowingly permit the agents to assume, or which I hold the agents out to the public as possessing. “Agency may be express, or implied from the acts of the principal, from his silence or lack of action, or his failure to repudiate the agency, knowing that another person is acting on his behalf without authority.” (Pulido & Attnys., 2011) The captain-of-the-ship doctrine can be used in a case of vicarious liability or respondeat superior. In the case of what happened during the snow storm, I, as the C.E.O., would considered the captain of the hospital...
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...The Snow Storm Lawsuit Name : Ms. Nongluck Loahapoonrungsi Strayer University Health Services Policy, Law and Ethics HAS 515 Professor : Danita Hunter, DHA, PMP Date : 01/24/11 Scenario: You are the Chief Executive Officer at a small non-profit community hospital. In January the area was hit by a large snow storm while you were vacationing in the Bahamas. Many of the hospital staff who provided patient care called out from work on the 3-11 and 11-7 shifts. Despite efforts from the nurse managers to get relief staff, only one nurse agreed to come in. As a result, the patient units were understaffed and health care personnel on day shift were required to remain on their assigned unit until they were relieved from duty. During the course of this occurrence several patients sustained minor injuries from falls out of bed and one patient was given the incorrect medication, resulting in death. The nurse on duty left the hospital to buy dinner at the corner Wendy’s Restaurant. After one year, the families of these patients sued the hospital on behalf of their deceased relatives, and you are one of the parties mentioned in the suit. The hospital refused liability, stating that: the patients who sustained a fall were awake, oriented and experienced no limitation in mobility; the patient who was given the incorrect medication died not from staff negligence, but from an unidentified allergic reaction to a food substance and had no history of allergies. 1. Identify...
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...Executive Officer at a small non-profit community hospital. In January the area was hit by a large snow storm while you were vacationing in the Bahamas. Many of the hospital staff who provided patient care called out from work on the 3-11 and 11-7 shifts. Despite efforts from the nurse managers to get relief staff, only one nurse agreed to come in. As a result, the patient units were understaffed and health care personnel on day shift were required to remain on their assigned unit until they were relieved from duty. During the course of this occurrence several patients sustained minor injuries from falls out of bed and one patient was given the incorrect medication, resulting in death. The nurse on duty left the hospital to buy dinner at the corner Wendy’s Restaurant. After one year, the families of these patients sued the hospital on behalf of their deceased relatives, and you are one of the parties mentioned in the suit. The hospital refused liability, stating that: the patients who sustained a fall were awake, oriented and experienced no limitation in mobility; the patient who was given the incorrect medication died not from staff negligence, but from an unidentified allergic reaction to a food substance and had no history of allergies. Question 1 Identify and explain at least three legal considerations. I was the CEO of a non-profit hospital when we were hit with a snow storm in January a little over a year ago. I was not present due to the fact I was on vacation and to...
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...Introduction During the time of a severe snow storm the Chief Officer of a non-profit community hospital was out of the country on vacation. A majority of the staff could not make it in for their shifts. Patient units were understaffed and the day shift personnel were forced to work overtime. The nurse on duty left to get dinner. As a result, several injuries from falls out of beds and a death from wrongful medication occurred. There are multiple issues in question in this scenario. The objective of this paper is to identify the legal, ethical and professional considerations of the hospital. It will also further explain and summarize the effects on the business and reputation of the hospital in the future. Hospital personnel face several dilemmas, legal and/or ethical on a daily basis. A well-developed disaster plan would have been instrumental in dealing with internal and external issues in such a large snow storm. Regardless of the weather, the hospital is still required to provide adequate care to its patients. Failure to do so raises several legal questions. There are at least three legal matters to be considered. First there are the legal considerations of Liability and Staffing. Was the hospital adequately staffed to provide a sufficient standard of care? In corporate negligence, it is the hospital that owes a legal duty directly to the patient. (Showalter, 2007, p. 136) The premise of this law states that hospital is responsible for providing a staffed facility, the...
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...The Snow Storm Lawsuit Strayer University Identify and explain at least three legal considerations. The first legal consideration in this case is related to corporate liability. The hospital itself is negligent under this doctrine. Corporate negligence is the failure to provide the equipment, facilities, and staff to carry out the duties of the corporation in accordance with the established standard of conduct (Showalter, 2007). Corporate negligence is evident in this case in regard to the failure to ensure that sufficient healthcare personnel were available to provide the established standard of care to the patients in the facility. Moreover, the personnel that were required to remain at the hospital from the day shift were likely not performing at their peak after already working their own shift; which could result in errors in patient care. The nurse managers should have been proactive and had a plan in place in the event of severe weather such as forming a team of healthcare personnel who were willing to come to work at the beginning of the storm and stay until they could be relieved. This team should consist of a variety of personnel in sufficient numbers to allow for some personnel to rest while others work. Ultimately, it is the responsibility of the hospital to ensure proper personnel coverage regardless of the circumstances. Policies and procedures for handling this type of crisis must be in place and utilized as needed. The second legal consideration in this...
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...therefore, disaster preparedness needs to be in the forefront of our minds. The most important part of disaster preparedness is planning in advance, and contingency plans are the most reliable way of accomplishing this. Contingency plans can be defined as “planning activities related to a site-specific threat that may occur at any time” (Vennema, 2007, p. 138). Different disaster planning and contingency plans will be needed depending on geographical location such as hurricanes in the southern region, earthquakes in the western region, and severe snow storms in the northern region. In the case study reviewed, a nurse who has just arrived for a 12 hours shift was concerned about the forecasted blizzard that was expected to bring two to three feet of snow in the next twelve to eighteen hours. Other nurses begin to get anxious and ask about contacting the nursing supervisor to seek strategies to ensure adequate staffing for patient care in the morning. Leadership within the healthcare facility should be cognoscente of the impending blizzard, and a contingency plan should be utilized to guarantee harm reduction during this internal/external disaster threat. Careful organization of contingency plans is necessary if those involved in a disaster are to respond effectively. “The most important aspect of disaster management is planning in advance” (Vennema, 2007, p. 138). Therefore, a contingency plan for external/internal disaster should be created and implemented long before the event...
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...Kenneth Okwuosa HAS 515 Professor: Dr Harold Ray Griffin 10/30/2011 Abstract Scenario: You are the Chief Executive Officer at a small non-profit community hospital. In January the area was hit by a large snow storm while you were vacationing in the Bahamas. Many of the hospital staff who provided patient care called out from work on the 3-11 and 11-7 shifts. Despite efforts from the nurse managers to get relief staff, only one nurse agreed to come in. As a result, the patient units were understaffed and health care personnel on day shift were required to remain on their assigned unit until they were relieved from duty. During the course of this occurrence several patients sustained minor injuries from falls out of bed and one patient was given the incorrect medication, resulting in death. The nurse on duty left the hospital to buy dinner at the corner Wendy’s Restaurant. After one year, the families of these patients sued the hospital on behalf of their deceased relatives, and you are one of the parties mentioned in the suit. The hospital refused liability, stating that: the patients who sustained a fall were awake, oriented and experienced no limitation in mobility; the patient who was given the incorrect medication died not from staff negligence, but from an unidentified allergic reaction to a food substance and had no history of allergies. On this paper I will be responding to the following questions: * Identify and explain at least three legal considerations...
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...The Snow Storm Lawsuit Candice Kessler Health Care Policy, Law and Ethics Strayer University April 29, 2012 As the chief executive officer of this non-profit community hospital, I would have to consider the legal, ethical and professional aspects of this case. The first legal consideration is duty of responsibility. In a healthcare organization, management functions begin with the senior administration. This includes the chief executive officer. The responsibilities of senior administration include the following duties: support the governing board in its strategic planning and policymaking activities, carry out the board’s policies and strategic goals, communicate board policies and the strategic plan to employees and the medical staff, oversee day-to-day hospital operations, measure the quality of patient care, manage operating funds, select qualified junior executives, and conduct necessary business transactions. Management must report regularly to the governing board on the status of all of these activities (Showalter, 2008). In this case, it could be suggested that I, as CEO, neglected to adequately oversee day-to-day hospital operations which led to the staffing issues. It should also be asked if I reported the issue to the governing board. The second legal consideration is negligence. A healthcare provider can be held liable for the negligence of others, even though he has not been personally negligent. This is called vicarious...
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...What is climate change? The Earth's climate has changed over the last century. Increases in average temperatures have been seen around the globe and there is new and stronger evidence that most of the warming observed in the last 50 years is due to human activities. While climate change is a global issue, it will affect us all. Climate change has the potential to adversely affect our environment, our communities and our economy unless we take action now to reduce our greenhouse gas emissions and prepare for the impacts. Climate change will alter global and local climates. In Victoria, this means a warmer and drier future, with an increasing likelihood of more extreme events such as heatwaves, bushfires and storm surges. Climate change is the greatest threat facing our planet today. A warming planet alters weather patterns, water supplies, seasonal growth for plants and a sustainable way of life for us and the world’s wildlife. Climate change has already started, but it’s not too late to take action. There’s still time for us all to be part of the solution. A continuous flow of energy from the sun heats the Earth. Naturally occurring gases in the atmosphere, known as greenhouse gases – this includes carbon dioxide (CO2) - , trap this heat like a blanket, keeping the Earth at an average of 15 degrees Celsius – warm enough to sustain life. The overuse of fossil fuels is increasing CO2 in the atmosphere, trapping more and more heat and warming the Earth. As a result, we’re...
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...Community Health Nursing HAT: Task 1 Darcie M. Walker January 12, 2012 A1-A2: Community Assessment and Data Interpretation The state of Indiana can show you many different areas of living along with multiple cultures that make the great state what it is. Living in a small town for many years, and relocating to a larger city has been extremely eye opening to see all of those cultures in action. POPULATION ECONOMIC STATUS ASSESSMENT: From statistical findings from the Census Bureau, Marion County has a population of 705,376 people aged 16 years old and over. Of that number of individuals, 474,362 are in the work force, which leaves the number of unemployed individuals at 8.1%. Some of the occupations held are as follows: service occupations, managements, sale, business, construction, health care, retail, transportation, finance, insurance, and many more Out of 358,552 households in Marion County, the income and benefits in adjusted dollars are as follows: * Less than 10,000 34,829 * 10,000-14,999 23,694 * 15,000-24,999 51,518 * 25,000-34,999 47,791 * 35,000-49,999 55,856 * 50,000-74,999 62,475 * 75,000-99,999 37,400 * 100,000-149,999 29,927 * 150,000-199,999 8,144 * 200,000 or more 6,918 The median household income is $39,631, and the mean household income is $54,764. The families receiving cash public assistance are 11,968, and the families with food stamps are 59,600 in...
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...Klamath County Community Health Western Governors University Klamath County has many health needs and is at risk for high mortality and morbidity. Heart disease is the leading cause of death followed by cancer and chronic respiratory disease. (The Healthy Communities Institute, 2013). Smoking, obesity, and poor air quality are all contributing factors to these health risks. Also, as the general population continues to age pre-existing medical conditions, chronic health problems and weakened immune systems increase the areas aging population's susceptibility to influenza and pneumonia. However, only 57.8% of adults over 65 received an influenza vaccine in Klamath County (The Healthy Communities Institute, 2013). And unfortunately access to healthcare remains woefully unsatisfactory in the County. Lastly, and most heartbreaking, is that the child abuse rates in Klamath County are among the highest in the state (The Healthy Communities Institute, 2013), while conducting the County Health Survey these three critical areas of concern have become painfully evident. All three issues should be addressed according to the Health People 2020 goals that have been set forth to improve the health and well-being of all Americans (Healthy People 2020, n.d.). WINDSHIELD SURVEY Klamath County, Oregon, is the Southernmost County in the state, boarded by California to the South, the Fremont National Forest to the East, and by the Deschutes National Forest to the North and West. Klamath...
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...Introduction: Global warming is becoming a bigger threat towards humans us in many different ways. As well as that, it has some positive impacts on the human society which can help in a diverse range. It has thrived in the past and has also changed the course of human life. There will be more negative impacts than positive impacts in all honesty. Everyone has done something to slow down global warming, but the problem is that we have to do something for that to happen. If we still continue doing the wrong habits we could lose a lot more than we think of. Preventing global warming and slowing it down can also have a bad side effect on humanity. Global warming starts out with gases which is called greenhouse gases emitted by everyday objects and big things too. After that, the gases then go up to the atmosphere where it stays there. This starts the greenhouse effect where the atmosphere is thick with greenhouse emissions, this forces heat to stay underneath it. Some of the big effects under climate change are the weather and how it gets changed. The effects of it on the economy and social groups are pretty big. It is known to change changes the amount of food and water we get. It has affected us in the past. It can kill lives as well save lives with its good affects. Even though we have some good effects we will pay a bigger toll. This essay also talks about methods to prevent climate change. Weather effects: Global warming is known to increase temperatures which can cause...
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...level (*). 47.7% of all African Americans in the county live below the poverty level, 27.4% of Asians, 27.9% of Hispanics, 32.8% of Native Americans and 16.1% of Whites also live below the poverty level. (*) 22.5% of children under the age of 18 live in poverty, while 20.3% of residence between the ages of 18-64 are living in poverty and 8.3% of people over 65 are living in poverty in the county. (*) The proportion of families eligible for public assistance is _________ with 41.0% actually receiving some form of assistance (*). This may be due to the high unemployment rate of over 11% (*) The percentage of people with unmet health needs due to financial constrains is estimated at 28% (*) and a homeless population of 3%(*). Only 1.5% of the total annual budget has been allocated to public health for the year 2016(*). Payment sources for medical care include 40% private insurance, 26% Medicare, 14% Medicaid, and 20% without insurance. DISASTER ASSESSMENT During an interview with the Emergency Manager of Klamath County, Morgan Lindsay, I was able to ascertain the following information. Klamath community does have a disaster plan that is implemented and maintained by the Klamath County Emergency Management division of the County. The purpose of the division is to implement and execute the County’s responsibility in maintaining an emergency system, planning, preparing and providing for the prevention and management of disasters or emergencies that may present a threat...
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