Description
Examine the legal and ethical implications of medical malpractice. Read the case study on John Parker on pages 245-247 in Contemporary Issues in Healthcare Law and Ethics. Write a 4-5 page report to the chief executive officer for Littleville Family Health Plan, a managed care organization (MCO), to assist them in gaining a better understanding of what occurred and the legal implications for the organization.
Your report should address the following substantive requirements:
- Description of what occurred, who was affected, and why
- Assess the case from the following perspectives:
- Ethical – identify the ethical principles involved in this situation from the perspective of the patient (John Parker), physician (Dr. Green), and the organization (Littleville Family Health Plan).
- Legal – what are the legal implications and what laws or statutes were involved?
- Provide two recommendations for how to manage this case from the perspective of the healthcare organization. What could have been done to prevent this situation?
- Recommend next steps to manage this case by the MCO.
Your report should meet the following structural requirements:
- Be 4-5 pages in length, not including the cover or reference pages.
- Be formatted according to the APA Requirements.
- Provide support for your statements with in-text citations from a minimum of four (4) scholarly articles. Two (2) of these sources may be from the class readings, textbook, or lectures, but two (2) must be external.
- Utilize the following headings to organize the content in your work.
- Introduction
- Assessment
- Recommendations
- Conclusion
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Running head: MEDICAL MALPRACTICE
Medical Malpractice
Institutional Affiliation
Date
MEDICAL MALPRACTICE
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Introduction
Medical malpractice has for long been a controversial legal and social issue, with the
subject being predominant since the 1970s. There has continued to complain by physicians about
a large number of malpractice cases and have sought for legal reforms to control the big damage
rewards while tort litigants have claimed that negligence cases are efficient ways of making
compensation to negligence victims and the regulating the medical profession. Physicians are
professionals who owe their clients(patients) the duty of care. This aspect is hardly an issue
because once medical practitioners agree to attend to patients, it is their duty to provide
competent professional medical care. Similarly, when healthcare institutions agree to attend to
patients, it is their obligation to ensure that clients receive professional care to the maximum
required standard of professional medical ethics and law. However, an allegation of medical
malpractice including the case study described, the complainants should be able to prove some
critical elements identified by the medical ethics body in conjunction with the law. Firstly, a
person alleging medical negligence and malpractice should be able to prove that there was an
initial duty of care which was owed by the physician or the correspondent institution to offer
medical care. Secondly, there must be proof of violation of the applicable care standards by the
physician. Thirdly, there should be evidence that the alleging person suffered an injury, damage
or loss that is ...