Q.1 Select one of the intentional torts discussed in your text and provide an example of how this tort takes place in healthcare. As leader of your own healthcare facility, what steps could you take and what processes could you implement to reduce the risk of this tort occurring in your own facility?
Q.2 What do you see as the most pressing ethical issue in healthcare today? Tell us why you see this issue as particularly compelling from an ethical perspective.
Q.4 Write a reply for this article
The main difference between battery and negligent act is intent. Battery is when you want to or intend to inflict an injury, negligence within the tort laws is when someone is not paying attention enough. In the health care environment, the most common negligence cases we had either seen in newspapers, tv or personally experienced are ; delaying diagnosis, miss diagnosing the patient, injury while birth, wrong prescription given to the patient, surgical malpractice and overall failure to educate the patient of potential risks, which is why when you are dealing with patients health, the risk of negligence are so much more overwhelming than intentional act of battery especially in this field of practice
Q.5 Write a reply for this article
Let me first begin with the definition of Tort. Tort is when someone interferes with someone else’s personal space or personal possessions
An example of my choice is “Breach of Confidentiality”
Breach of confidentiality- means the information provided by the patient is shared with someone else without the permission of the patient.
Wrongful death – that means the death of the patient due to medical negligence.
As the leader of the own healthcare facilities, the steps taken to reduce the risk of tort and steps against this will be:
- Not to take every case to earn money but the case should be taken according to the capacity of the physician. And once the case is taken should be taken care of seriously.
- The delay in treatment by the healthcare provider will not be appreciated.
- Providing right and all required information to the patient or their caretaker about the treatment and its side effect if any.
- To treatment should be taken place without the approval of the patient.
- Clause of confidentiality should be given special attention.
Q.6 Write a reply (Kesha)
Professor and Class
Tort- False Imprisonment
False imprisonment is referred to the confinement of a person without consent of such person without legal authority. Example, a person locking another person in a room without their permission.
When it comes to healthcare false imprisonment happens when a patient is held involuntarily in a hospital, nursing home, other health facility or institution, or even in an ambulance. An element of this claim is consciousness of confinement. In other words, the person held to reasonable believe they could not leave.
As the leader of my healthcare facility the steps that I would take to implement to reduce the risk of false imprisonment is come up with some type of sign when a patient is there or being held without their consent. Another step would be to ask more questions to see exactly what is going on. Next step would be to train the employees to know and what to look for when there is a false imprisonment. With the training they will know the proper questions to ask to identify and then they will be trained to know what signs to look for so that they and the situation properly.
Q.7 WRITE A REPLY
The most common exemptions I have been hearing through my own employer and other friends in the health care industry are religious and medical exemptions. I believe the legal team understands the EEOC and ADA acts very well, which is why the employee who is exempt while operating in the health care industry will not be terminated from the job, that employee who enjoys delivering care to the patients and working around the patients may not be able to, because the employer may shift that employee on administrative non patient interaction duty to avoid exposure even though you can be exempt, given the fact that you are a health care worker.
Understanding and appreciating the chart below, the top 3 reasons why some health care workers are hesitant based on 2,500 health care professional survey are ; effectiveness of the vaccine that it could shield you 100%, safety concerns since we have seen J&J vaccine and its blood clot scare, and the fact that the public still feels that the process is rushed despite 30% of all Americans have received the vaccine as of April 2021
Q.8 WRITE A REPLY
While I endorse healthcare employers requiring employees to be vaccinated, I do understand that there definitely has to be many considerations. My reasoning is that employers cannot assume specific risk levels for employees when outside of work and has to ensure safety for staff and patients alike. Additionally, I would strongly encourage vaccination for staff that have direct patient contact and where there is frequent visitor/customer foot traffic. However, for employees that challenge this requirement, I think accommodations are appropriate if exclusion criteria is met. However, the caveat is that they too have to understand they are not “exempt” from contracting the virus which could potentially put co-workers/patients at risk. If that happens, can the employer hold them liable for opting out? The article below highlight’s an employer’s right to defend the policy and why.
This effort should not be limited to just the healthcare industry. The scale of this pandemic is not specifically targeted at healthcare workers, but everyone in society across the globe. Let me be clear, I do respect an individual’s right to make their own decision to determine what is best for them whether I agree with it or not. Whatever side one chooses, we will all feel the impact.
Q.9 WRITE A REPLY
I know personally where I reside, there has been an outrage of the mandating of the vaccine. Some workers feel they should have the option. I am one of those people. I’m not against it, but I’m just not completely sold on it. I personally feel it came out too quickly with little to no studies on it. It doesn’t make you immune to the virus, just makes you have an extra layer of protection. That’s my biggest issue. Also, now that the Jansen and Jansen dose has a recall on it, it makes it harder for workers to just submit and agree to it. All in all, I think if the numbers are getting worse, we need to strongly encourage the vaccine, but I don’t like the thought of it being a requirement to keep a job that people have worked so hard to get prior to this being a world wide pandemic.