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Management
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MHA530 CASE MOD 2 Management Essay Research Paper

Essay Instructions:

SEE ATTACHMENT AND TEMPLATE
Limit your response to a maximum of SPEAKING NOTE FOR 10 slides (title and reference slides are not included in this total).
Support your paper with peer-reviewed articles, with at least 3 references. Use the following link for additional information on how to recognize peer-reviewed journals:
Angelo State University Library. (n.d.). Library guides: How to recognize peer-reviewed (refereed) journals. Retrieved from https://www(dot)angelo(dot)edu/services/library/handouts/peerrev.php

 

2/28/20, 9(21 PM https://tlc.trident.edu/content/enforced/153649-MHA530-2020FEB10…2lSessionVal=0N7XCh0BngJjyHPvJIuLnos5h&ou=153649&d2l_body_type=3 Page 1 of 2 Module 2 - Case INFORMED CONSENT AND MEDICAL MALPRACTICE: TORTS AND NEGLIGENCE Assignment Overview Litigation against health care providers can happen due to a myriad of factors. This assignment examines malpractice and intentional torts. Review the following article and background materials. Sohn, D. (2013). Negligence, genuine error, and litigation. International Journal of General Medicine, 6, 49-56. Retrieved from the Trident University Library. You are a new practice manager in a small medical practice made up of individual providers. For a monthly “lunch and learn” session, you have been asked to prepare a presentation examining the more common forms of litigation against practitioners. Prepare a PowerPoint presentation addressing the following questions. You must include thorough speaker’s notes. Case Assignment 1. Explain the difference between negligence (malpractice) and battery (an intentional tort). 2. Identify and explain the four elements of proof required in a negligence tort case. 3. What is vicarious liability and how is it different from individual liability? 4. Explain malpractice or “tort” reform. Why is it of importance and what are some of the remedies that are considered in tort reform? 5. What are the ethical responsibilities of a medical practice in relation to negligence and battery? Be sure and include a discussion of ethical principles. Assignment Expectations Listen 2/28/20, 9(21 PM https://tlc.trident.edu/content/enforced/153649-MHA530-2020FEB10…lSessionVal=0N7XCh0BngJjyHPvJIuLnos5h&ou=153649&d2l_body_type=3 Page 2 of 2 Privacy Policy | Contact 1. Conduct additional research to gather sufficient information to justify/support your presentation. 2. Limit your response to a maximum of 10 slides (title and reference slides are not included in this total). 3. Support your paper with peer-reviewed articles, with at least 3 references. Use the following link for additional information on how to recognize peer-reviewed journals: Angelo State University Library. (n.d.). Library guides: How to recognize peerreviewed (refereed) journals. Retrieved from https://www.angelo.edu/services/library/handouts/peerrev.php 4. You may use the following source to assist in formatting your assignment: Purdue Online Writing Lab. (n.d.). General APA guidelines. Retrieved from https://owl.english.purdue.edu/owl/resource/560/01/ 5. For additional information on reliability of sources, review the following source: Georgetown University Library. (n.d.). Evaluating internet resources. Retrieved from https://www.library.georgetown.edu/tutorials/research-guides/evaluatinginternet-content 6. This assignment will be graded based on the content in the rubric.

Essay Sample Content Preview:
SLIDE 1: Difference Between a Negligence and a Battery: Negligence refers to conduct that falls below a reasonable standard of care for the individuals around you. A negligent individual did not have the intention of causing harm, but they are held legally responsible due to their carelessness, leading to someone getting injured. On the other hand, the battery is the tort of intentionality to bring harm or offend an individual or damage something that is closely associated with them (La Roche & La Roche III, 2017).
SLIDE 2: Elements of Proof Required in Negligence Tort Case: There are four main elements that an individual must prove during a negligence tort case. The four main elements are: -
* Duty – This is the legal obligation of the defendant that the plaintiff owed.
* Breach – This is the violation of duty or law. The defendant needs to breach his obligation to be accused of negligence.
* Cause – The breach of duty by the defendant must cause harm to the plaintiff.
* Harm – The plaintiff must suffer harm as a result of the breach of duty. Therefore, he will be able to sue the defendant.
SLIDE 3: Vicarious Liability: this is a doctrine of tort law that places very strict liabilities to employers for the mistakes of their workers. The employee is usually held responsible for torts that are carried out by those under his or her command. Therefore, the courts are expected to find sufficient relationships whenever issues related to vicarious liability are raised. However, all factors must be considered as a whole whenever tests are undertaken to determine whether there is a vicarious liability (Sharkey, 2018).
SLIDE 4: Individual Liability: This simply refers to the liability of a person, and not the obligation of a company or organization. The person takes full responsibility for his or her actions leading to harm in the defendant. In this regard, courts are expected to establish whether the individual has breached his or her obligations (Cornock, 2018).
SLIDE 5: Malpractice or Tort Reform: Tort reform is regulations that are passed at the state level and affect the malpractice laws of a particular jurisdiction. Tort reform includes laws that limit or cap the amount of money that patients can receive as an award from a clinician after they sued for malpractice. Additionally, the provision in tort reform also caps the number of punitive damages a court can order a practitioner to pay. in certain jurisdictions, tort reform places firm restrictions on medical malpractice suits to be heard in court, instead of being dismissed (Orentlicher, 2019).
SLIDE 6: Malpractice or Tort Reform Importance: There are numerous advantages of tort re...
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