HRM 5401 CU Civil and Criminal Law in Healthcare Memorandum – Description
Healthcare HR professionals must always stay current with organizational happenings and be well-versed in their thinking about legal actions that may occur. It is of vital importance to understand the basics of criminal law in the context of healthcare to create processes and procedures that mitigate the occurrence of serious issues in the workplace.
HRM Healthcare Challenge
In an incident this morning at one of Vila Health’s healthcare facilities, a pediatric patient was accidentally given the wrong medicine and suffered an adverse effect for five hours. The child recovered fully but the family is very upset. Silvia Reed, Director of Human Resources, has reached out to you. She is going to discuss the issues surrounding this mistake with the family after discussions with legal counsel later today. Ms. Reed wants you to provide her with a memorandum outlining what civil and criminal issues may be implicated in this case so she may have an informed discussion with an attorney for the organization.
Instructions
Using course resources and your own research, include the following in your memorandum to your supervisor:
Analyze HR practices and healthcare systems which support legal compliance in this scenario.
What kind of information will be needed in interviews from the doctor, nurse, and pharmacist? ?
Create a list of questions for counsel which address potential civil issues resulting from this patient’s care.
Identify civil law in your response, including parties, burdens of proof, and possible penalties.
Create a list of questions for counsel which address potential criminal issues resulting from this patient’s care.?
Identify criminal law in your response, ?including parties, burdens of proof, and possible penalties.
Civil Cases
Cobun, H. (2019, Nov 22). Jury finds doctor negligent in treatment of pregnant woman. The Daily Record .
Patient awarded $2.4M in lawsuit: Doctor negligent, woman claimed. (2018, Sep 07). Hattiesburg American.
Criminal Cases
CNN. (2010). Teary druggist jailed in death [Video]. | Transcript. YouTube.
Girion, L., Glover, S., & Branson-Potts, H. (2012, Mar 02). Doctor charged in drug overdose deaths. Los Angeles Times.
Kelman, B. (2020, Mar 09). Health officials label accused nurse a ‘threat’: State reverses stance on Vaught, who is charged in patient’s death. The Tennessean.
Responding to medical errors ethically. (2011). Medical Ethics Advisor,
Rose, C., & Axelrod, J. (2017). The most prominent pharmaceutical executive to be criminally charged in the opioid epidemic is now free on bail. CQ Roll Call.
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