Legal and Ethical Aspects of Healthcare

Healthcare Management

Course Info

Duration: 2 Weeks

Type: In Classroom

Available Dates

Venue

  • Aug-08-2021

    Dubai

  • Aug-09-2021

    Istanbul

  • Aug-16-2021

    Paris

  • Sep-06-2021

    Kuala Lumpur

  • Sep-06-2021

    London

  • Sep-12-2021

    Dubai

  • Sep-13-2021

    Istanbul

  • Sep-20-2021

    Paris

  • Oct-04-2021

    Kuala Lumpur

  • Oct-04-2021

    London

  • Oct-10-2021

    Dubai

  • Oct-11-2021

    Istanbul

  • Oct-18-2021

    Paris

  • Nov-08-2021

    Kuala Lumpur

  • Nov-08-2021

    London

  • Nov-14-2021

    Dubai

  • Nov-15-2021

    Istanbul

  • Nov-22-2021

    Paris

  • Dec-06-2021

    Kuala Lumpur

  • Dec-06-2021

    London

  • Dec-12-2021

    Dubai

  • Dec-13-2021

    Istanbul

  • Dec-20-2021

    Paris

  • Jan-03-2022

    Kuala Lumpur

  • Jan-03-2022

    London

  • Jan-09-2022

    Dubai

  • Jan-10-2022

    Istanbul

  • Jan-17-2022

    Paris

  • Feb-07-2022

    Kuala Lumpur

  • Feb-07-2022

    London

  • Feb-13-2022

    Dubai

  • Feb-14-2022

    Istanbul

  • Feb-21-2022

    Paris

  • Mar-07-2022

    Kuala Lumpur

  • Mar-07-2022

    London

  • Mar-13-2022

    Dubai

  • Mar-14-2022

    Istanbul

  • Mar-21-2022

    Paris

  • Apr-04-2022

    Kuala Lumpur

  • Apr-04-2022

    London

  • Apr-10-2022

    Dubai

  • Apr-11-2022

    Istanbul

  • Apr-18-2022

    Paris

Course Details

Course Outline

10 days course

 

The History of helthcare 

 

  • Early Hindu and Egyptian hospitals.
  • Greek and Roman Hospitals.
  • Hospitals of the early Christian era.
  • Islamic hospitals.
  • Medieval hospitals.
  • Hospitals of the renaissance.
  • Hospitals of the 18th century.
  • Early hospitals in the United Kingdom.
  • Late 19th century renaissance.
  • 20th century progress.
  • Health care and hospitals in the 21st century.
  • History’s common theme: recurring infections.
  • History challenges us to do better.

 

Government, Law, and Ethics

 

  • Development of Law.
  • Sources of Law.
  • Government organization.
  • Department of health and human services.
  • Government ethics.
  • Political malpractice.

 

Health Ethics
 
  • Ethics.
  • Morality.
  • Ethical theories.
  • Principles of healthcare ethics.
  • Virtue ethics and values.
  • Religious ethics and spirituality.
  • Secular ethics.
  • Ethics committee.
  • Reasoning and decision making.
  • Moral compass gone astray.
  • Summary thought.

 

Tort Law – Negligence
 
  • Objectives of Tort Law.
  • Negligence.
  • Forms of negligence.
  • Degrees of negligence.
  • Elements of negligence.
  • Summary case.

 

Intentional Torts

 

  • Assault and battery.
  • False imprisonment.
  • Defamation of character.
  • Fraud.
  • Invasion of privacy.
  • Infliction on mental distress.
  • Products liability.
 
Criminal Aspects of Health Care
 
  • Criminal procedure.
  • Healthcare fraud.
  • Kickbacks.
  • Tampering with drugs.
  • Internet pharmacy and sale of drugs.
  • Falsification of records.
  • Patient abuse.
  • Criminal negligence.
  • Manslaughter.
  • Murder.
  • Rape and sexual assault.
  • Theft.

 

Contracts and Anti-trust
 
  • What is a contract?
  • Types of contracts.
  • Elements of a contract.
  • Breach of a contract.
  • Corporate contracts.
  • Partnerships.
  • Independent contractor.
  • Legality of object.
  • Conditions.
  • Performance.
  • Non-performance defences.
  • Remedies.
  • Employments contracts.
  • Medical staff bylaws: A contract.
  • Exclusive contracts.
  • Restraint of trade.
  • Hospital staff privileges.
  • Transfer agreements.
  • Insurance contract.
 
Civil Procedure and Trial Practice

 

  • Pleadings.
  • Discovery.
  • Motions.
  • Pretrial conference.
  • Notice of trial.
  • Memorandum of law.
  • The courtroom and the judge.
  • The jury.
  • Subpoenas.
  • Burden of proof.
  • Res Ipsa Loquitur.
  • Opening statements.
  • Examination of witnesses.
  • Judicial notice rule evidence.
  • Defences against plaintiff’s allegations.
  • Closing statements.
  • Judge’s charge to the jury.
  • Jury deliberation and determination.
  • Awarding damages.
  • Joint and several liabilities.
  • Appeals execution of judgments.

 

Corporate Structure and Legal Issues
 
  • Authority of corporations.
  • Corporate committee structure.
  • Corporate ethics.
  • Corporate negligence.
  • Doctrine of respondent superior.
  • Governing body responsibilities.
  • Corporate reorganization.

Medical Staff Organization and Physician Liability

 

  • Principles of medical ethics.
  • Medical staff organization.
  • Medical director.
  • Medical staff privileges.
  • Common medical errors.
  • Patient assessments.
  • Diagnosis.
  • Treatment.
  • Discharge and follow-up care infections.
  • Psychiatry.
  • Physician-patient relationship.

 

Nursing and the Law

 

  • Scope of practice.
  • Nurse licensure.
  • Nursing careers.
  • Advanced practice nurses.
  • Legal risks of nurses.
  • Duty to question discharge.
  • Duty to report physician negligence.

 

Hospital Departments and Allied Professional

 

  • Emergency department.
  • Chiropractor.
  • Dentistry.
  • Laboratory.
  • Medical assistant.
  • Medical imaging.
  • Nutritional services.
  • Paramedic.
  • Pharmacy.
  • Physical therapy.
  • Physician’s assistant.
  • Podiatrist.
  • Respiratory therapist.
  • Security.
  • Certification of healthcare professionals.
  • Helpful advice for caregivers.
 
Patient Consent
 
  • Introduction.
  • Informed consent.
  • Physicians and informed consent.
  • Hospitals and informed consent.
  • Nurses and informed consent.
  • Validity of consent.
  • Assessing decision-making capacity.
  • Admission consent forms.
  • Consent for specific procedures.
  • Limited power of attorney.
  • Who may consent.
  • Incompetent patients.
  • Right to refuse treatment.
  • Exculpatory agreements.
  • Proving lack of consent.
  • Informed consent claims and defences.

 

Legal Reporting Requirements
 
  • Abuse.
  • Child abuse
  • Senior abuse.
  • Communicable diseases.
  • Hospital-acquired diseases.
  • Hospital-acquired infections.
  • Births and deaths.
  • Adverse drug reactions.
  • Physician competency.
  • Incident reporting.
  • Sentinel events.
  • Look closer, see me.

 

Medical Records
 
  • Information management.
  • Medical record contents.
  • Documentation of care.
  • Privacy act of 1974.
  • Health insurance portability and accountability act.
  • Ownership and release of medical records.
  • Failure to use patient data gathered.
  • Retention of records.
  • Electronic medical records.
  • Legal proceedings and the medical records.
  • Confidential and privileged communications.
  • Charting: some helpful advice.
 
Procreation and Ethical Dilemmas
 
  • Abortion.
  • Sterilization.
  • Artificial insemination.
  • Surrogacy.
  • Wrongful birth, life, and conception.

 

Acquired Immune Deficiency Syndrome
 
  • Spread of AIDS.
  • Healthcare workers transmission.
  • Confidentiality.
  • Discrimination.
  • AIDS-related lawsuits.
  • AIDS treatment.
  • AIDS education.

 

End-of-Life Issues
 
  • Patient autonomy and case law.
  • Constitutional right to refuse care.
  • Legislative response.
  • Defining death.
  • Futility of treatment.
  • Do-not-resuscitate orders.
  • Withholding and withdrawal of treatment.
  • Euthanasia.
  • Physician-assisted suicide.
  • Advance directives.
  • Autopsy.
  • Organ donations.
  • Research, experimentation, and clinical trials.
  • Human genetics.
  • Stem cell research.
Patient Rights and responsibilities

 

  • Patient rights.
  • Patient responsibilities.

 

Labour relations
 
  • UK department of labour,
  • Unions and healthcare organizations.
  • National labour relations act.
  • Norris-LaGuardia Act.
  • Labour-management reporting and disclosure act.
  • Fair labour standards act.
  • Occupational safety and health act.
  • Rehabilitation act.
  • Family and medical leave act.
  • State labour laws.
  • Workers’ compensation.
  • Labour rights.
  • Management rights.
  • Affirmative action plan.
  • Patient rights during labour disputes.
  • Injunctions.
  • Administering collective bargaining agreement.
  • Discrimination in the workplace.

 

Employment at Will and Discharge

 

  • Employment at will.
  • Public policy issues and termination.
  • Termination.
  • Unemployment compensation denials.
  • Wrongful discharge.
  • Defending a claim for unfair discharge.
  • Fairness: The ultimate test.
  • Effective hiring practices.

 

Employee Rights and Responsibilities

 

  • Employee rights.
  • Employee responsibilities.
  • The Caregiver’s Pledge.

 

Professional Liability Insurance
 
  • Insurance policies.
  • Liability of the professional
  • The insurance agreement.
  • Intentional Torts: coverage denied.
  • Conditions of insurance policies.
  • Medical liability insurance.
  • Self-insurance.
  • Trustee coverage.
  • Mandated medical staff insurance coverage.
  • Investigation and settlement of claims.

 

National Health Insurance Managed Care

 

  • National health insurance.
  • Veteran care.
  • Managed care.
  • Models of managed care organizations.
  • Federally qualified HMO.
  • State laws.
  • Case management firms.
  • Third-party administrators.
  • Utilization review.
  • Liability for nonparticipating physicians.
  • Employee retirement income security act.
  • Reducing exposure to liability.
  • Healthcare quality improvement act of 1986.
  • Ethics in patient referral act 1989.
  • Managed care and legal actions.
  • Price fixing.
  • Market power.
 
Tort Reform and Risk Reduction

 

  • Mediation and arbitration.
  • Structured awards.
  • Pretrial screening panels.
  • Collateral source rule.
  • Contingency fee limitations.
  • Countersuits: Frivolous Claims.
  • Joint and several liabilities.
  • Malpractice caps.
  • No-Fault System.
  • Regulation of insurance practices.
  • Statutes of limitations.
  • Reducing the risks of malpractice.
  • Physician participation in Tort Reform.

Course Video