Healthcare Laws Discussions

1. CONTRACTS LAW

When a subscriber joins the NORTH ARLINGTON HMO (NAHMO) the HMO requires that each member sign a consent agreement to settle negligence disputes between the subscriber and any HMO practitioner. The consent agreement provides that an allegation of negligence by one of NAHMO subscribers against a practitioner be submitted to a healthcare board for binding resolution. The Board is made up of a nurse, physician, one other non-medical practitioner (OD, PHARMISIST ETC) and two retired judges. None of the Board members have any relationship to the NORTH ARLINGTON HMO. AND THEY ARE COMPLETELY INDEPENDENT. John, an HMO member, signed the agreement and was treated by one of the HMO’s PA for a skin disorder on his ear. The PA diagnosed the condition as a normal skin rash and treated it with topical medicines. After nearly a year, the condition continued, the ear had swelling and John, on his own, went to a recommended dermatologist for an exam. The dermatologist diagnosed the condition as a melanoma cancer and would require the removal of part of his ear to prevent the spread of the cancer. Had the condition been treated earlier as a basal cell, there would have been no need to remove part of the ear. John’s lawyer filed a lawsuit against NV HMO alleging negligence by its employee PA and seeking $500,000 in damage. The lawyers for the NVHMO moved to dismiss the case based upon the “consent agreement contract” and argued the dispute should go to the Healthcare Board as provide in the contract. You are the judge (not judge Judy) would you dismiss the case and send it to the Board? What, if any, argument could John make to not dismiss. Are the elements of a common law contract being met and if not indicate which element and cite case law to support your finding. (Value (5) points

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2. EMPLOYMENT LAW

You are the Vice President of Human Resources for Big City Hospital and two issues have come up that you need to make a written report to the CEO to alert her of the possible exposure of the hospital. In one instance, to relieve some of the stress from the laundry and cleaning crews in the hospital, due to the Covid-19 epidemic and working long hours they have and under extreme conditions, several hourly employees went to the local playground to play basketball. During the pickup game, two employees were injured, one with a broken leg and the other with a broken arm.

In the second instance you have to report on two female nurses who have submitted a complaint that our top infectious disease doctor has been taking unwanted liberties with them, including unwanted foundling and kissing. He has also intimated they could go to one of the spare empty patient rooms and have some fun.

In issue one (employees injured playing basketball) you may have to deny them medical and wage coverage as, in your opinion they may not qualify for workman’s comp coverage, which will look awful to the press during this time. Tell her, (the CEO), why you have come to that conclusion of non-coverage and support your finding by sharing case law with her. (Value (5) points)

In issue two (can’t keep his hand off them- Md) notwithstanding again, public outcry, as he is the lead on the virus for the entire community, we must take action. Share with her why the hospital would be liable. In your report, anticipate her reluctance (she may try to minimizing his actions and say there was is no mental harm, he is so important to the community on the virus and everybody is under stress) and make sure she understands, again pointing out case law, why the hospital may be liable and proving mental stress injury in sexual harassment cases is not necessary and we really need to investigate the allegation. (Value (5) points)

3. PATIENT’S RIGHTS

A four-year-old toddler was taken to Children’s hospital for repair of a faulty heart value. His mother and father are devout Jehovah witness followers who do not believe in blood transfusions and signed an informed consent decree authorizing the surgery but stating they are opposed to any blood transfusion. The surgery was very complicated and was resulting in a lot of bleeding by the child. The child’s blood pressure began to drop to dangerous levels and the surgeon called for a transfusion. The head nurse reminded the doctor they family is opposed to blood transfusions and stated so on the informed consent. The doctor replied if we don’t transfuse the child will be gone as we cannot finish up in time without blood. The doctor further asked, is there anything the hospital can do? The head nurse calls you (the CEO) and asks can we do anything.

What is your opinion as to whether there is a legal remedy available to overcome the parent’s objections? Support your finding. Many cases on this issue on line etc. (Value (5) points)

Healthcare Laws Discussions