Describe the early hospitals of the United States. How did these facilities compare in design and role with the hospitals of the US today?
Legal aspect of healthcarePlease review the following questions and let me know if youcan guide me in answering them (Each response minimum 300 words APA format).
1) Describe the early hospitals of the United States. Howdid these facilities compare in design and role with the hospitals of the UStoday?
2) Discuss the various forms, degrees, and elements ofnegligence under US law. Provide a specific example of how the elements ofnegligence apply to negligence in the delivery of healthcare services.
3) List and explain the primary sources of law in our U.S.legal system. For each source of law, relate the source specifically tohealthcare law and provide examples of relevant applications. Connect eachsource of law with your own current healthcare organization, or one which youhope to lead.
4) Summarize current anti-trust and restraint of trade lawswhich have a direct impact on our practices as healthcare administrators. Howis our decision-making, as healthcare leaders, impacted by these laws?
5) How are crimes distinguished from civil wrongs? List andbriefly discuss three of the six listed elements of criminal procedure anddiscuss at least one illustrative case example related to healthcare toillustrate these concepts.
6) What is meant by contract performance inhealthcare settings? What are the nonperformance defenses which apply underhealthcare law?
7) Review the case law example, Caruso v. Pine Manor NursingCenter (Attached)How does the element of foreseeability apply to this case,and what is the key lesson which can be learned by healthcare facilities fromthis case law example? at least 500 words in length response (APA format)
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Citation: Caruso v. Pine Manor Nursing Ctr., 538 N.E.2d 722(II. App. Ct. 1989)
Facts
In Illinois, a nursing facility by statute ha s duty toprovide its residents with proper nutrition. Under the nursing Home Care ReformAct, the owner and licensee of a nursing home are liable to a resident for anyintentional or negligent act or omission of their agents or employees thatinjuries a resident. The act defines neglect as a failure of a facility toprovide adequate medical or personal care or maintenance, when failure resultsin physical and mental injury to a resident or in the deterioration of theresident’s condition. Personal care and maintenance include providing food,water, and assistance with meals necessary to sustain a healthy life.
The nursing facility in this case maintained no records ofthe resident’s fluid intake and output. A nurse testified that such a recordwas a required nursing facility procedure that should have been followed for aperson in the resident’s condition, but was not
The resident’s condition deteriorated after staying 6.5 daysat the facility. Upon leaving the facility and entering a hospital emergencydepartment, the resident was diagnosed by the treating physician as sufferingfrom severe dehydration caused by an inadequate intake of fluids. The nursingfacility offered no alternative explanation for the resident’s dehydrationcondition
The trial court found that the record supported a findingthat the resident had suffered from dehydration as a result of the nursingfacility’s negligence. The defendant appealed the jury verdict.
Issue
Did the nursing facility resident suffer harm as a result ofthe facility’s negligence?
Holding
The IIIinois Appellate Court upheld the trial court’sfinding that the resident suffered dehydration due to the nursing facility’s negligence.
Reason
The evidence demonstrated that the proximate cause of theresident’s dehydration was the nursing facility’s failure to administer propernourishment; therefore, the jury reasonably concluded that the nursingfacility’s negligence caused the dehydration.
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