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Sources of Law Relevant to Health Service Management

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).

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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

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