Legal Aspects of Health Care Administration- USA Unit 2


LegalAspects of Health Care Administration- USA


Asper the US health care guidelines, in an event that poor qualityservices rendered to a patient kindled by a public offence, then itis termed as a breach into the law of tort. This primarily emanatesfrom offences such as negligence and malpractices. Many cases arisefrom time to time of instances in which victims die in the hands oftheir health care providers. Such cases arise for example duringchildbirth where attendants may not provide expected guidance to themother during birth leading to the infant’s death. In such a casetherefore, the mother has the right to sue the caregivers fornegligence, as had they been keen during child delivery, theoperation would have been a success. In a different scenario, apatient may suffer wrong diagnosis leading to wrongful prescriptionsand treatment, which may deteriorate their health, or in extremecases lead to adverse medical complications such as disabilities.Such a patient thus can sue the medical personnel for malpractice.These two scenarios fall under the law of tort as in both of themthe misdeeds are a result of the misconduct of those taking careafter the patients and not the individuals themselves. On the otherhand, the law of contract defines arise from complex healthcaredelivery laws as well as laws put in place in the practice ofmedicine (Pozgar&amp Santucci, 2009).Rules in medicine arising from changing technology may tend to differwith an individual’s culture, religion or ethics. In as suchtherefore, an individual who feels offended by the practice thereforecan choose to sue the medical personnel under the law of contract. Agood example maybe forced family planning measures to a Muslim woman.

Amidstheightened controversy in the US, federalism influences greatly inshaping and applying law to health care services. It is paramount inthat the medical profession bide to the law to ensure that citizensreceive proper medical attention. It is quite essential in bringingpositive change to health care services mainly through bringing onboard advanced innovative techniques as well as allocating more fundsto health care service. By so doing, health care is bound to face amajor lift. Federalism helps in boosting recurrent advancement inhealth care delivery as well as a making provisions for a drawn-outsetting for making well laid out strategy aimed at enhancing on thegrowth of the health care sector. Through federalism, there isemphasis of effective cohesion and adjustments between the resident,national and central governments (Pozgar&amp Santucci, 2009).Federalism is credible in changing the face of America’s in patienthealth care delivery and politics involved in health care servicedelivery. This is evident from the extensive attention provision forestablishments in the US. Federalism mandates to overseeingdisbursement of aid and grants into health care programs henceenhancing on advancement of health care service delivery.

Therehowever emerges an overlap, which leads to controversy betweenfederalism and health care service delivery. Such a scenario is thedisorganized methodology used by the US in a bid to enhance on thelong-term care strategy. It fails authenticity leading to flaws interms of its results. It lacks strong sustainability and equaldisbursement to all health care centers. Not all health careproviders acquaint with its operations hence in the end arises issuesof quality delivery of services.

Thereare four types of rules of evidence real, demonstrative, documentaryand testimonial very vital in adjudicating law suits. This is becausethey demonstrate evidence suitable in passing verdict. Rules ofevidence are also reliable hence used to add weight into a case andserve as the judgment. They deem proficient and relied upon makingthe rightful decision.


Riskmanagement is monitoring and regulating how operations run. Riskmanagement in health care facilities is monitoring and regulatingoperations by the health care service providers. Health care riskmanagers task with carrying out extensive research on operationsaround their areas, preparing their subordinates on emergencies,offering psychiatric as well as physical care and over sightingfinances, insurance and claims management (Pozgar&amp Santucci, 2009).A good example is a well laid out strategy executed for patient’caution. Under this program, the health risk managers work towardensuring all patients’ prescriptions are filled out correctly andall tests carried out accordingly. It is also their mandate to ensurethat the patient is correctly booked of all their appointments withtheir doctors in a timely sequence while maintain g a correctdatabase into their system.

Underhealth care administration, there often arise a couple liabilities bythe health care service providers, which could be averted. Such maybe wrongful diagnosis, wrong prescriptions, wrongful appointmentbookings, swapped lab results. In instances of the mentionedliabilities, it is the duty of the health care risk manager to ensurethey avoid such before they get out of hand. This is by ensuring thatthey countercheck on the prescriptions before handing them to thepatients. Proper bookings should be made by counterchecking from thedatabase to avoid instances of overlapping. All lab results ought tobe labeled to avoid cases of wrong diagnosis and prescriptionsemanating from swapped lab results.

Insuranceis vital in risk management as it aids individuals in claiming fordamages. In an event of money, they are paid back of expensesincurred. In cases of adverse medical situations, insurance claimshelp an individual in getting assistance at the expense of theinsurance. For example if an individual is insured with a giveninsurance company, seeks medical help and due to a malpractice theindividual gets complications from the treatment demanding moreadvanced treatment, the respective insurance company takes up theclaim and covers their client to aid them offset their bills.


The“at will doctrine” is the perceived notion that employment is ona contractual rather than permanent and that it can be terminated atany given time at the comfort of either boss or worker. The doctrineis rather unique as it differs from the formal and accepted terms ofemployment. This is because wit accepted employment terms bothworker and boss are bound by a formal agreement, which is theemployment contract. In an event that either of them breaches thecontract then they are bound to face the law. In formal employmentcontacts, one cannot assume or leave employment at any time of theirconvenience but rather have to abide by the contract. At willdoctrine does not give provision for a binding agreement hence onecan assume employment at their pleasure and leave in same capacitymaking employment rather disorganized.

TheAmerica’s Disability Act is a vital role in the welfare ofAmerica’s citizens as based from statistics, 26 million ofAmericans 4.1 of who are aged below 18 years suffer severedisabilities (Pozgar&amp Santucci, 2009).Going by the figures therefore, the act is vital in ensuring thatspecial provisions are set aside for ensuring that people withdisabilities do not face marginalization but feel a sense ofbelonging. This is to precise avoidance of sidelining them in areasof schools and places of work. It is also essential in that throughthe Act, public utilities are designed with disabled persons in mindby making them disable friendly. Such examples are staircases andescalators, pathways among others. However, there are limitations inthe Act that require adjustments. According to (Pozgar&amp Santucci, 2009),the sidewalk on 571 Ron Rogers Arboretum and business on 571, Curbramps on 571 and Clarksville road intersection as well as thesidewalk on North Post road between the Municipal Complex and thestation need to be reviewed as they present challenges to citizenswith disabilities.

Employmentlaw relates to cross section of areas under employment that are givenprovisions in the Employment Act. Some employment law are overlookedhence the call for further scrutiny into them. A good example isemployment policies. Regarding sicknesses, sick pays, sick off, bedrests, sick offs as well as paternity, maternity and adoption offs.With intent of capitalizing on equality, this law should be reviewedto ensure that all workers feel equal. For example those incapable ornot willing to conceive but may wish to adopt children also need toget maternity or paternity leaves.

Iam a member of a labor union and I feel it is important for anyemployee to enroll in one, as the unions are essential insafeguarding the interests of their members.


Pozgar,G. D., &amp Santucci, N. M. (2009).&nbspLegalessentials of health care administration.Sudbury, Mass: Jones and Bartlett Publishers.