Legal case involving a critical regulatory issue in health care

Therefore, the health care system needs to be regulated and monitored to ensure accountability and continuous provision of better health services. The entire register will now also be online, which I noted brings in professional reputation management issues into light.

Although the motion judge refused to strike the claim, the Court of Appeal allowed the appeal and stated that the proper defendant in the case was the manufacturer. In Liability and Compensation in Health Care. Recommendations There is need to reduce the unnecessary expenses incurred by the hospitals.

If the case is granted leave to the SCC, it will likely be the final word in Canada on the duty of care owed to a potential child by a physician. The previous leading case in Canada on this subject of wrongful life was in Lacroix v.

Minister of Health and Long-Term Care, David Caplan, saidOur government is taking yet another step to improve patient safety in the province. Interestingly, the cases of abuse and neglect that have been investigated over the past several years in long term care facilities have not been substantiated based on actual abuse, however facilities have been cited for noncompliance when the facility has hired employees without a history of abusive behaviors or to immediately report and adequately investigate allegations of abuse.

To this end, federal conditions of participation for the Medicare and Medicaid programs, which currently do not address the immunization status of the health-care workforce, offer another potential basis for establishing minimum safeguards against the transmission of disease in health-care settings, in particular settings in which sick patients reside, such as nursing homes and hospitals.

While some of the facilities in question would not be considered healthcare facilities, reportable errors include things such as medication errors and harm suffered as a result of improper care or treatment.

The wire fraud and money laundering charged in the twenty-three-count indictment rested upon his posing as a doctor so as to entice patients into his office where he conducted expensive "diagnostic" tests he was not licensed to perform and frightened patients into purchasing dubious, overpriced treatments.

As a result, health-care facilities have employed various strategies to increase the voluntary receipt of immunization services, including workforce vaccination campaigns, accessible services, declination statements that permit the employee to refuse vaccination while certifying that he or she received information about the risks and benefits of influenza vaccine, education programs, and the possible use of financial incentives to boost vaccination rates.

He maintained an office first in Cranston, Rhode Island and then in nearby Providence. Share Link This federal court case involving unlicensed health care practice sheds light on some CAM testing methods.

Birth torts in this case were categorized in two groups: MacDonald [] 2 S. It is the responsibility of all health care providers to ensure their staff is well informed what abuse is and the importance of reporting any suspicions of abuse.

Health Care, Medicare, Affordable Care Act, HIPAA Legal News

One example is privilege over quality assurance activities that are aimed at minimizing future errors. When a person makes the decision to work and make a career within the health care industry, they take on a responsibility, an oath so to speak, to provide the highest quality of care possible.

This allows parties to file affidavit evidence, and can force a full factual record before the court to make an informed analysis of the merits of a claim. Williamson v Lee Optical Co. The registers for the colleges will see significant changes, with much more content than was previously available.

At the same time, the federal government has enormous powers under the Commerce Clause and the Spending Clause to both attach conditions of participation to federally funded programs as well as to regulate economic activity, 31 of which health care is viewed as a preeminent example.

The fact that not all employees in health care are educated efficiently could be the reason why these failures are prevalent.

Access Denied

In a country where citizens require better health services and insurance coverage, this is a disappointment. Constitution recognizes the right of individuals to refuse medical treatment, and U. Recent class actions against Health Canada include allegations of negligence in relation to medical devices.

Centers for Medicare and Medicaid Services, Canada and Attis v. Field v Daines, No. Turning around financially distressed hospitals. The decision has been cited by very few cases in the health law context, and usually it is for a delay of diagnosis.

By analogy this could include the pharmaceutical industry as well. One of the speakers was Dr. Such determinations cannot adequately be made at the Rule 21 stage without the benefit of a full facutal record because according to Grant v.

Vaccinating the Health-Care Workforce: State Law vs. Institutional Requirements

Disclosure Obligations Different types of disclosure obligations may arise where a patient has been harmed, or faces a risk of harm, through his contact with the healthcare system. The court said this about live blood cell analysis: If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.

Of course, the particular factual circumstances must be taken into account - among other things, that the case involved someone practicing naturopathy in a state where it was not specifically licensed. The concern that disclosure of errors will cause more lawsuits is not borne out in practice.

The area of infection-control is one dominated by guidelines and directives, and failure to comply with recommended practices will be one factor that may indicate a failure to meet an appropriate standard of care.

United Kingdom3 E. While he informed his patient of this, he also inaccurately told the patient this posed no risk of harm. Role of Law in Promoting Patient Safety Law has an important role to play in promoting patient safety.Minnesota Attorney General Lori Swanson filed suit against Accretive Health, a debt collection agency, for not protecting patient confidentiality and not informing patients of the agency's "extensive involvement" in their healthcare at two hospital systems in the state.

Healthcare Law Highlights Problems With Regulatory Process The major regulations issued to implement the Affordable Care Act serve as ugly poster children for the regulatory reform movement.

By. This federal court case involving unlicensed health care practice sheds light on some CAM testing methods. Many of these testing methods lie in a legal gray zone, and our law offices advises physicians and others incorporating novel CAM diagnostic methods. This federal case shows how courts might view such tests.

Legal Obligations. Healthcare providers and facilities owe a legal duty of care to their patients. Healthcare providers must "exercise that degree of care and skill which could reasonably be expected of a normal, prudent practitioner" in the same circumstances, as explained by the Supreme Court of Canada in the case, Crits v.

A Critical Regulatory issue in Health Care Essay Sample.

15 Recent Lawsuits Involving Hospitals

The focus of this paper will address issues involving health care law and the individual lives it can effect.

Legal Case Involving A Critical Regulatory Issue In Health Care. HCS/ 13 Case Law A critical regulatory issue in health care Amanda Whitt Amanda Whitt Ethical problems within hospitals and other facilities has been an ongoing issue for around 35 years.

With the fast growth of technology and new medicine, the financial structures that could .

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Legal case involving a critical regulatory issue in health care
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