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Part 1: Critical Analysis of the Law
Identify, cite the code, and give a short description of one health law found in the Common Health Care Statutes document. For the health law selected, evaluate the following:
Evaluate whether the law is a federal or state law, civil or criminal, public or private. How do you know?
Why is it important to know when a statute has been modified by administrative regulation, a court decision, or a new statute? How can you find out about these changes?
What are the penalties associated with non-compliance with your law? Why would it be important to you and your organization to avoid these penalties? How could you comply with the law you described?
Evaluate the role of the health care administrator or health information technology administrator in legal compliance.
Why is your role important in preventing litigation and supporting legal compliance?
What tools are available for legal compliance? Name one compliance tool from the Managerial Compliance Tools list uploaded and describe the tool. Evaluate how the tool would control the legal risk from the law you selected.
How can you take action to reduce legal risk? (Describe at least one managerial action you could take and how you would use the tool you just described to limit legal liability.)
Part 2: Strategic Compliance with the Law
You are an administrator for Big City Hospital Inc., a large medical center. Your medical center has just received a summons indicating that a complaint has been filed in the state district court in your city claiming that Dr. Quick, Nurse Sleep, and your medical center were negligent during a recent surgery.
The claim is that the doctor left before the surgical count, the nurse didn’t notice a missing sponge during the count, and the patient now has an x-ray showing that there is a sponge in the abdomen. The medical records do not reflect that a sponge count was even completed. Your state of Maryland has an arbitration process that has been completed, and the lawsuit has started.
Tip: Make sure all Part 2 responses evaluate the scenario and apply concepts to the specific scenario.
As part of the lawsuit, you receive a litigation hold letter requesting that all documents related to the lawsuit be preserved, including electronically stored information (ESI).
Why is it important to preserve documents for litigation?
How would you do this? Describe three actions you would take to preserve documents (prevent destruction) for this lawsuit.
What key documents would need to preserve for this case because they relate to what happened?
When a case goes to court, good medical record documentation can make the difference in winning or losing a lawsuit.
How can medical record documentation limit or increase legal liability in this case? What should a strong medical record in this case include?
As a result of this lawsuit, what three actions would you take to prevent the problem and improve medical record surgical care documentation, including adequate documentation of the sponge count?
References
Complete medical records: Your best defense. (n.d.). Superior Protection for Our Clients’ Assets and Reputations. https://www.medicalmutual.com/risk/practice-tips/t…
Ferdosi, M., Rezayatmand, R., & Molavi Taleghani, Y. (2020).
Risk management in executive levels of healthcare organizations: Insights from a scoping review (2018)
. Risk Management and Healthcare Policy, 13, 215-243. https://doi.org/10.2147/rmhp.s231712
Litigation holds – The triggers and consequences for failing to preserve evidence – Thomas & Libowitz. (2018, July 11). Thomas & Libowitz. https://www.tandllaw.com/blog/litigation-holds-the…
Morshedi, M. (2018, August 20). The litigation process. Subscript Law | Trusted Legal Marketing & SCOTUS News Team. https://subscriptlaw.com/the-litigation-process-2/
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