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Sources of Law Relevant to Health Service Management - PowerPoint PPT Presentation

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Sources of Law Relevant to Health Service Management
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  1. Sources of Law Relevant to Health Service Management • Constitutions • little relevant to management • Statutes • many statues that affect malpractice • Administrative Agencies • National Labor Relations Board • Health and Safety Board • Court Decisions • Tort law (most malpractice law)

  2. Legal Basis for NURSING Practice • 51 Nurse Practice Acts (states and DC) • State Boards of Nursing responsible • Organization guidelines cannot exceed the requirements of the state Nurse Practice Acts • Managers need specific interpretations

  3. Professional Negligence • Vicarious liability (employers liable for nurses’ acts) • Respondent superior • Joint liability • Personal liability MALPRACTICE: failure of a person with professional training to act in a reasonable and prudent manner.

  4. Elements of Liability • A Standard of Care must have been established • There must be a Breach of Duty • Foreseeable Harm: Nurse must have known that failure to meet the standard of care could result in harm • Failure to meet standard of care must have the potential to cause injury. • Injury occurred

  5. Regulations and Legal Issues • OSHA - legislation addresses requirements of the employer. • State Health Facilities Licensing Boards - regulate staffing requirements. • Patient Rights • Informed Consent • Medical Records • Extended Liability

  6. Manager’s Areas of Liability and Responsibility • Workman’s Compensation Laws • Inadequate staffing • Delegation or assignment of work • Quality assurance on units such as duty to report dangerous understaffing, checking the credentials and qualifications of staff, and carrying out appropriate discipline. • Reporting improper or substandard medical care • Select areas such as reporting public health information or child abuse

  7. RISK MANAGEMENT “EXTENSION OF QUALITY IMPROVEMENT IN A SERVICE PROFESSION…EMBEDDED WITHIN THE MANAGERIAL PROCESS OF CONTROL, TO PREVENT UNDESIRABLE EVENTS FROM HAPPENING AND MINIMIZE THE IMPACT OF UNPREVENTABLE RISKS.”

  8. Risk Management • Organization-wide program • Identify risks • Control occurrences • Prevent damage • Control legal liability • Coupled with the QA/QI/TQM movements • Main purpose to control financial loss due to malpractice claims

  9. Common Areas of Risk Management • Needle stick injuries • Falls in elderly or disoriented clients