LEGAL ASPECTS OF U.S HEALTH CARE ADMINISTRATION SYSTEM 6
LegalAspects of U.S Health Care Administration System
Importanceof Health Care Professional Conduct
Thereare various health care laws and policies in the United States healthcare administration system that is designed to promote professionalmedical systems and health care systems (Christensen, & Kockrow,2006). Health care professional conduct involves the use of bothmoral and ethical procedures in delivering health care services tocustomers. This promotes customer satisfaction and allows thehospital organization to provide quality health care services to allwithout discrimination. It also promotes accountability,transparency, as well as a social responsibility of various dutiesand services in the medical profession. Health care services usuallyinvolve human subjects and this requires careful application ofprofessional conduct and moral procedures in proving health care toall individuals in the society. Professional conduct in medicalservices also promotes customers trust and health care providers withintegrity, honesty, as well as respect leading to self-confidence inhealth care service delivery. In most cases, professional legalhealth care usually reduce legal problems that many hospitals facedue to poor health care services delivery. This promotes costeffective management of the hospital as all the employees and healthcare providers articulate professional ethics and follow legalpolicies in the provision of health care services. Therefore, as atop administrator in the health care hospital, I would prefer the useof professional medical and health care services system because thiswill promote quality health care services as well as reduce legalproblems in the hospital setting. It will also promote socialresponsibility, trust and integrity in the hospital leading to boththe public and customer’s satisfaction (Sanbar & AmericanCollege of Legal Medicine, 2004). Professional medical conduct willalso reduce chances of violation of health care, legal policies andlaws in the hospital settings. Finally, it will promote professionalconduct of all health care providers through the adherence to variouslegal policies and rules in the medical profession. Therefore, theadministration system should promote professional conduct in themedical health care system.
Challengesof Poor Medical Professional Ethics and Conduct
Variouslegal problems usually result in cases of poor health care servicesin the hospital, especially in the line of the professional staff.This includes legal problems that may involve suing of the hospitalin law court due to lack of professional conduct and medicalnegligence. It also reduces the public trust on the part of thehospital activities. This may lead to lack of customers as well asinjuries, damages and losses to the patients due to poor professionalethics and conducts by the hospital health care providers. The legalaspects of United States health care administration systems providethat managers and other professional staff of hospitals should haveskills and knowledge concerning health care laws and policies (Patel,& Rushefsky, 2005). The legal and ethical aspects of health careadministration promote health care management, planning as well ashealth care quality assurance that promotes professional health careprovisions (Patel, & Rushefsky, 2005). Proper professional healthcare will promote quality health care, primary access to health careand affordable cost of health care services. However, poorprofessional conduct in the staff of the hospital may lead to legalproblems resulting in court cases due to medical negligence. (Thomas,2011).
ElementsRequired for a Plaintiff to Prove Medical Negligence
Fourelements are usually required for a plaintiff to prove medicalnegligence in a medical services system delivery. In most cases,medical negligence usually results due to lack of proper ethical andprofessional conduct in hospitals (Patel, & Rushefsky, 2005).This usually results into various legal procedures whereby theplaintiff may sue the hospital in a court of law in order to becompensated. However, in order for the plaintiff to prove medicalnegligence four elements are necessary. Firstly, the plaintiff mustshow that the defendant had a duty to provide medical care for him orher in a reasonable manner. Secondly, the plaintiff must alsoindicate that the defendant involved in breach of duty by notincluding a reasonable health care procedure and system. Thirdly, theplaintiff must also show that the defendant is the main cause of themedical problem such as harm, damages, losses, and other injuriessustained by the plaintiff due to medical negligence (Institute ofMedicine, Dick, Steen, & Detmer, 1997). Finally, the plaintiffmust also indicate that the actual injuries, damages as well aslosses that were caused by the defendant due to medical negligence.It is also important that the plaintiff prove that he or she was notnegligent at the process of the medical delivery system. In cases ofmedical negligence, the hospital should compensate the plaintiff(Magnani, Wray, & American Friends Service Committee, 2006).
WellCare Hospital Governing Board Duties in Mitigating MedicalNon-compliance
Thereare various duties and responsibilities of the Well Care Hospitalgoverning board. Firstly, they ensure that all the staff andnon-staff in the hospital conduct their health care professionally inaccordance to United States health care rules and policies as well asin accordance with the Well Care Hospital governing board’smanifestos and procedures. This involves the rules such as provisionof ethical and quality primary health care services to the patientaccording to their needs and preferences. Patient’s health careshould be delivered to all without discriminations. The boardprovides proper quality management and coordination of legal aspectsof health care services including provision of affordable health careservices to the public. The board legal policies and manifesto alsoensure that cost effective health care is given to the public. Thisis because the board is mainly concerned with the management of legalquality of the hospital health care services in order to promoteethical and professional conduct of the health care providers in theWell Care Hospital. This usually results to compliance of variouslegal rules and policies by many workers in the Well Care Hospital inorder to provide effective and professional medical services. Theboard also provides management towards health care labor provisionthat should keep and uphold the rights of the employees in thehospital.
Sanbar,S. S., & American College of Legal Medicine. (2004). Legalmedicine.St. Louis: Mosby.
Thomas,K. K. (2011). DeluxeJim Crow: Civil rights and American health policy, 1935-1954.Athens: University of Georgia Press.
Christensen,B. L., & Kockrow, E. O. (2006). Foundationsand adult health nursing.St. Louis, MO: Elsevier Mosby.
Patel,K., & Rushefsky, M. E. (2005). Thepolitics of public health in the United States.Armonk, N.Y: M.E. Sharpe.
Magnani,L., Wray, H. L., & American Friends Service Committee.(2006). beyondprisons: A new interfaith paradigm for our failed prison system.Minneapolis, MN: Fortress Press.
Instituteof Medicine (U.S.). Dick, R. S., Steen, E. B., & Detmer, D. E.(1997). Thecomputer-based patient record: An essential technology for healthcare.Washington, D.C: National Academy Press.