ASSIGNMENT 1

ASSIGNMENT 1 - ASSIGNMENT #1: Law and Health Care 1...

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ASSIGNMENT #1: “Law and Health Care” 1 Healthcare Service Administration HSA 515 Law of Healthcare Administration “Law and Health Care” Assignment #1 Raissa SOUMAHORO Strayer University
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ASSIGNMENT #1: “Law and Health Care” 2 Write a 4-6 page paper based on your answers to the following questions. Utilize the Showalter textbook and at least two (2) other resources to support your answers. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. 1. Explain how the standard of care can be proven. In the standard of care, there is a certain and prudent kind of way that all persons in- volved should behave in a given circumstances. The duty of due care requires them to be prudent and act with care in order the patients to be safe. The definition given by a legal dictionary (Hill & Hill; 1981-2005) was that: “standard of care is the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise. If a person's actions do not meet this standard of care, then his/her acts fail to meet the duty of care which all people (supposedly) have toward others. Failure to meet the standard is negligence, and any damages resulting therefrom may be claimed in a lawsuit by the injured party. The problem is that the "standard" is often a subjective issue upon which reasonable people can differ”. As the definition explained above whenever a person fails to behave as a reasonable and prudent person, he auto- matically commits a breach of duty. But in the other hand, a standard of care can be proven when there is duty of care which requires all persons to conduct themselves as a reasonably prudent person would do in similar circumstances (Showalter, 2008; PP. 47-48). Many ways can be used to found how a standard of care can be proven. Indeed, the reasonable person also called the Helling standard is a legal fiction of the common law representing a fix norm against which any person's conduct can be measured. It is employed to figure out if a breach of the standard of care occurred. Moreover, physicians are usually judged by how other physicians would have behaved under similar circumstances
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ASSIGNMENT #1: “Law and Health Care” 3 (Showalter, 2008; PP. 48-49). In the ‘Letric Law Library (1995-2011) also explained: “In reality, unless there is a factual question about what the defendant did, the proof of the standard of care also proves the defendant's breach. For example, assume that the defendant admits that she did not counsel the patient about prenatal testing. If the patient can establish that the standard of care was to offer this testing, the defendant breached the standard. If, however, the physician claims to have done the counseling, the patient will have to prove both that counseling was the standard of care and that the physician did not do the counseling”. Therefore, with every evidence
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ASSIGNMENT 1 - ASSIGNMENT #1: Law and Health Care 1...

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