MHA 703 Healthcare Law & Ethics

©2025
© 2025 212 217
Spring 2025 AP 1 2 2
Name Jasmine Simpson
Date 2/11/25 10:09 PM

Control Total 646

Be sure to SAVE this to your desktop (so you can find it!) Please Provide Feedback on this assignment here:
The slides regarding documenting on medical charts
With your Cursor on the little blue dot ---> and the question regarding "charting" could
correlate a little better and have a little more
(so when I open it, I can start here) information. Some students may not understand the
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Question
Answer on Slide Number Number Question Jim Gibbs: Your Answer HERE
if the answer is found on slides 3,4, and 9 then enter just 3.
Technical Skills -What skills depends on the profession May include: Administering medications;Assessing patients and their conditions;Identifying instruments;Performing medical or
surgical procedures;Taking and/or reading diagnostic images; Taught in classroom;uses a&p and instruction. ex. caring for appendicitis patient People skills- emotional intelligence;
Caring nature of people who want to help; Building the self-esteem of others;Showing empathy for others;Communicating effectively;By asking productive questions;Demonstrating
6 1 What are the qualities needed to work in healthcare? effective listening skills;Responding appropriately to emotion ex. Delivery of life changing news, bedside manner

11 2 What is defensive medicine? Test, procedure, or therapy ordered buy a physician to protect themselves from liability more than its usefulness for the patient.
Accreditation requirements
Many focus on education
Set standards for the profession
13 3 What is the role of professional organizations in healthcare? Standards of care- detail minimal requirements; holds professionals accountable; generic and simple statements; national state and local
Codes of ethics

17 4 What are Medical Practice Acts? determine scope of practice; write policies and procedures; create a medical board
31 5 What is the EEOC and what are the "Protected Classes"? Equal employment opportunity commission; Age;Disability;National origin;Pregnancy;Race;Religion;Sex
33 6 What is the ADA is and how does it protect employees? protects people with disabilities; prohibits discrimination; based on qualifications and abilities
1. Workplace safety
2. Bloodborne pathogens (where they are, protection guidelines)
34 7 List the two areas covered by OSHA that have a direct impact on working in 3. MSDS (caustic materials, risk for exposure, treatment for exposure)
healthcare. -OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards;

It is a no fault insurance that pays employees for work related injuries. It pays all medical bills. For employees it provides medical care, income replacement, and death benefits. For
35 8 How does workers’ compensation help the Employee, Employer? employers, it provides legal protection, financial protection, and workplace safety tools.
36 9 List some of the reasons an employee may utilize FMLA. birth and care of newborn; placement of adoptive child; care for immediate family; serious, personal health conditions
41 10 List the five different purposes that medical records serve. patient care delivery; patient care management; patient care support processes;patient self-management; financial and other admin processes
49 11 How could a Medical Record be used in Court?
1. Medical Approach: (a). pertinent info
(b). Who, what, where, when and how
(c). Review the purposes medical records serve
2. Legal approach (a) legal document
45 12 Briefly describe the two perspectives related to charting in a medical record. (b) possible use in lawsuits and trial
(c) used to demonstrate what care was provided
(d) used to refresh your memory

used to compel the production of documents that might be admissible before the court; It cannot be used to require oral testimony;ordinarily cannot be used to compel a witness to
38 13 Identify what a subpoena duces tecum is and when it is used? reiterate, paraphrase, or affirm the truth of the documents produced. Means under penalty bring with you.
Dually owned;Institution: Paper
Patients: Information
Doctrine of professional discretion
52 14 Who OWNS the medical records? Hypochondriacs
Psychological/psychiatric records

a contract, represented by a policy, in which an individual or entity receives financial protection or reimbursement against losses from an insurance company; The company pools
54 15 clients' risks to make payments more affordable for the insured. Premiums typically are deducted automatically from paycheck. Deductible provideds threshold before insurance starts
How does medical insurance work? to cover bills. High premium= low deductible. Low premium= high deductible.

a dr.'s offce charges for a level 2 office visit when the patient had a level 1 office visit
55 16 Provide an example of how international classification of disease (ICD) codes and
current procedure technology (CPT) codes are affected by upcoding.
respondeat superior- doctrine that a party is responsible for (has vicarious liability for) acts of their agents; a legal term that describes the responsibility of an employer for the actions
of his/her employees.Another example in which respondeat superior may apply is with a medical malpractice case.A physician or other type of healthcare provider could be liable for
58 17 What is respondeat superior and vicarious liability? the negligent actions of an employee. Vicarious libility-a situation in which one party is held partly responsible for the unlawful actions of a third party. Third party carries their own
share.

An objective term that mens to act as a reasonable person would under the same or similar circumstance. Applied differently in every situation. Ex. A dr. should act as a reasonable dr.
38 18 would act and a lawyer should act as a reasonable lawyer should act. Intoxicated person must act as a reasonable sober person. There is no reasonable person standard for 7 and
What is the reasonable person standard? under.

646
 MODULE 2
Case Source
https://casetext.com/case/corley-v-state-32613-laapp-2-cir-123099

Corley v. State

Poignon v. Ohio Board of Pharmacy https://casetext.com/case/state-ex-rel-poignon-v-ohio-bd-of-ph

https://caselaw.findlaw.com/court/oh-court-of-
Guanzon v. State Medical Board of Ohio
appeals/1200786.html

https://law.justia.com/cases/new-jersey/appellate-
O’Sullivan v. Mallon
division-published/1978/160-n-j-super-416-0.html

https://casetext.com/case/caruso-v-pine-manor-
Caruso v. Pine Manor Nursing Center
nursing-center/case-summaries

Keene v. Brigham and Woman’s Hospital, Inc. https://caselaw.findlaw.com/court/ma-supreme-

https://law.justia.com/cases/north-carolina/court-of-
Hoffman v. Moore Regional Hospital, Inc.
appeals/1994/9316sc450-1.html
Summary
medical malpractice; affirming judgment for "surviving spouse," who was not married to decedent at injurious treatment, based on clear terms of wrongful death act; Coreley
was diagnosed as arthritis, ended up being a mass undiagnosed. Whether the trial court erred in finding that physicians at E.A. Conway deviated from the standard of care by
cancerous mass.Physicians must meet the standard of care, which requires competence and proper diagnosis. A deviation constitutes negligence if it causes harm.Mr. Corley,
neurofibromatosis, sought treatment for low back pain. Despite his risk for cancer, physicians at E.A. Conway failed to diagnose a cancerous mass in his mediastinum. The tria
deviation from the standard of care, leading to harm.The appellate court affirmed the trial court's decision, finding no manifest error in concluding the physicians deviated fro

The Supreme Court of Ohio’s Board on Character and Fitness recommended denying Daniel P. Poignon, citing his past felony convictions for drug theft. Poignon, filed this orig
mandamus ordering respondent, the Ohio Board of Pharmacy ("pharmacy board"), to process his application to be licensed as a pharmacist, and to either grant his applicatio
hearing. In response, the pharmacy board filed a motion to dismiss. Relator filed a memorandum in opposition to the motion to dismiss and a motion for summary judgment.

Dr. Guanzon's conduct constitutes 'fraud, misrepresentation, [and] deception in applying for or securing any license or certificate issued by the board. In this case, the Ohio C
appeal by Dr. Guanzon challenging the decision of the State Medical Board of Ohio. Dr. Guanzon had been subject to disciplinary action by the Board, which had taken advers
license. The Court considered the arguments presented by Dr. Guanzon and the State Medical Board, ultimately reviewing whether the Board’s decision was supported by th
law. The Court of Appeals, after considering the facts and legal arguments, upheld the State Medical Board's decision. It found that the Board had acted within its authority a
procedures required for disciplinary actions involving medical practitioners.Key Points;Dr. Guanzon appealed disciplinary action by the State Medical Board of Ohio.;The Cour
decision was legally sound.;The Court upheld the Board’s decision, affirming its authority and adherence to proper procedures. represents the authority of state medical boar
professionals for violations of professional conduct.

was a medical malpractice case in which the plaintiff, O’Sullivan, alleged that Dr. Mallon’s failure to properly diagnose and treat his condition led to injury. The court ruled in f
O’Sullivan failed to provide sufficient evidence of negligence or a breach of the standard of care. Key Points;The case involved a medical malpractice claim based on negligenc
the physician had breached the standard of care.;The court ruled in favor of the physician, finding insufficient evidence to support the plaintiff’s claims of malpractice. Repres
sufficient evidence * subpoena

the court held that an expert's testimony could not be entirely barred where only a portion of the expert's testimony exceeded the scope of matters developed in the depositi
negligence against a nursing home for failing to provide adequate care, leading to the wrongful death of a resident. The Illinois Appellate Court ruled in favor of the plaintiff, fi
not meeting its duty of care. Key Points;The case involved allegations of negligence by a nursing home.;The court ruled that Pine Manor Nursing Center was liable for failing to
decision reinforced the duty of care nursing homes owe to their residents.

This is a malpractice case in which a baby suffered catastrophic harm within hours of his birth at the defendant hospital. the plaintiff sued the hospital for misdiagnosis. The M
Court ruled in favor of the plaintiff, finding the hospital negligent for failing to meet the standard of care, which directly caused harm to the plaintiff. The case involved a claim
misdiagnosis. The court ruled in favor of the plaintiff, finding the hospital negligent. The decision emphasized the importance of meeting the standard of care in medical treat
do so, such as in the case of a misdiagnosis, can lead to liability for medical malpractice.
investigation into Stokes's billing practices to determine whether Stokes was up-coding certain outpatient surgical procedures. Stokes argued that it was an honest mistake, a
hearsay. Sentenced to 126 months.
Plaintiff brought this action to recover damages for alleged medical negligence. Plaintiff sought to hold defendant Moore Regional Hospital (hereinafter "Hospital") liable und
superior for the negligence of the treating physician. was a medical malpractice case where the plaintiff sued the hospital for failing to provide proper care during treatment,
Carolina Court of Appeals ruled in favor of the plaintiff, finding the hospital negligent in meeting the required standard of care.
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Key Term Your defintion here
Certification is the process of obtaining, verifying, and assessing the qualifications of a practitioner. The action or process of providing someone or something with an official document attesting to a status or level of achievement.
certification
a set of principles that guide how people should behave in a professional setting. Codes of ethics are also known as ethical codes ex. patient confidentiality, informed consent, professional competence, integrity, impartiality, non-discrimination,
codes of ethics ethical decision-making, and advocacy for patients
the process of verifying a person's qualifications and experience to practice a profession; Medical credentialing verifies that nurses and doctors are properly trained and certified and have the required professional experience to provide
credentialing healthcare services to patients.
Test, procedure, or therapy ordered buy a physician to protect themselves from liability more than its usefulness for the patient.
defensive medicine
the process by which a government grants permission to a healthcare professional to practice their profession.
licensure
A medical practice act is a state law that defines the requirements for practicing medicine and the standards of conduct for medical professionals. The purpose of these laws is to protect the public from unsafe or improper medical care;
medical practice acts determine scope of practice; write policies and procedures; create a medical board
a person competent or skilled in a particular activity. requires expertise; well crafted technical; people skills; used when you first start working
professional
Transferring credentials from one state to another; different states have different rules
reciprocity
Standards of care are the level of care that medical professionals are expected to provide for a specific condition. They are also known as best practices. detail minimal requirements; holds professionals accountable; generic and simple
standards of care statements; national state and local
Actuarial tables are statistical tools that predict how long a person is likely to live based on their age, gender, and other factors. They are also known as life expectancy tables, mortality tables, or life tables. Life insurance companies use actuarial
actuarial tables tables to calculate life expectancy and the probability of surviving a particular year. They also use them to set prices.
a written or spoken agreement, especially one concerning employment, sales, or tenancy, that is intended to be enforceable by law.
contract
a practice or arrangement by which a company or government agency provides a guarantee of compensation for specified loss, damage, illness, or death in return for payment of a premium.;
insurance a thing providing protection against a possible eventuality.
A legal document is a written agreement between two or more parties that is legally binding and can be used in court. Legal documents are used to establish rights and responsibilities, and to define relationships.
legal document
An objective term that mens to act as a reasonable person would under the same or similar circumstance. It's based on what's considered typical behavior.
reasonable person standard
Respondeat superior is a legal doctrine that holds an employer responsible for the actions of their employees if those actions occurred while the employee was working. The term is Latin for "let the master answer". Ex. Delivery driver accident;
respondeat superior medical malpractice
A subpoena duces tecum is a court order that requires a person to produce documents or other physical evidence for a trial or hearing. The term comes from the Latin phrase duces tecum, which means "you shall bring with you".
subpoena ducus tecum
Upcoding is a fraudulent practice in healthcare billing where a healthcare provider submits codes for more expensive medical services or diagnoses than were actually provided to the patient. This is done to increase the provider's
upcoding reimbursement from insurance companies, such as Medicare or private insurers.
Vicarious liability is when a person or entity is held responsible for the actions of another person or entity. It's also known as imputed liability. Ex. An employer can be held responsible for the actions of their employees, even if the employer
didn't authorize the actions. For example, if an employee harasses a coworker, the employer may be held liable. Parents can be held responsible for the actions of their children, if the actions were negligent or criminal.
vicarious liability