Response To Student Week 4

From the scenario, analyze the general points between initiating civil procedures, the prevalent practices of these procedures within health care litigation solutions, and the influence of corporate structure on resolutions and subsequent legal precedents. Defend or critique the use of the aforementioned prevalent practices in the multi-disciplined interaction required of 21st Century health care administrators.

According to the scenario, the general points of initiating civil procedures are: 1) a “Pleading” or written statement of fact and law / complaint filed with a court of law by a Plaintiff detailing the parties to the lawsuit, a cause for action and a demand for damages..    2)  Defendant challenges the Plaintiff’s complaint on legal sufficiency by initiating a pleading on its behalf called a “Demurrer.”   3) “Answer” isa “pleading” by the Defendant that admits or denies the specific allegations of the Plaintiff’s complaint.  4)  A Bill of Particulars is a request for the itemization of the claims of which a Defendant can demand from the Plaintiff to determine what the specific details of the complaint are, in the lawsuit.

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Analyzing the practices of these procedures within litigating solutions in healthcare along with the influence of the corporate structure is a comparison of authorities. Healthcare corporations have expressed and implied corporate authority, as well as the power of state statues.  The influence of the corporate structure on resolutions and subsequent legal precedents are its emphasis on compliance and ethics.  Healthcare Boards are governed and held accountable to certain liabilities and duties imposed by laws that can be enforced in legal proceedings.  They are all required and held responsible for compliance with all applicable laws and standards.

 I can defend the process of these practices as they pertain to the multi-disciplined interactions required of 21st Century health care providers as a sincere attempt to have a fair and equitable process in place to resolve issues.  However, I would be remiss if my critique didn’t include the imperfections and flaws of those responsible for administering the process.  The US Constitution is an example of a living documents that is worded eloquently that only applied to wealthy white male landowners although on it states “We The People.”   This doctrine continues to be diversely interpreted differently and enforced by very flawed men to this day. 

One can look at the current health care situation where in the “greatest country on earth” ideology is still being enforced over scientific and medical decisions by currently flawed wealthy white male landowners.  So again, I think the process is good on paper, however I have reservations in its administration of law where the highest court of the land has decreed corporations are people and money is free speech.  That specifically means that the poor, disabled and elderly; the very people that health care was designed for and suppose to treat are speechless.

Pozgar, G. D. & Santucci, N. (2016). Legal aspects of health care administration. (12th

ed.).Sudbury, MA: Jones & Bartlett Learning.

Summarize the crucial steps involved in conducting a trial based on the pleadings of the defendants, leading up to the execution of judgments and including the awarding of damages. Analyze the concept of respondeat superior and concept of corporate negligence as they apply to responsibilities of the hospital’s governing body and corporate structure. Provide examples of the application of such concepts to support your response.

The crucial steps involved in conducting a trial based on the pleadings of the Defendant starts with: 1) the Demurrer where the Defendant challenges the Plaintiff’s complaint.  This represents a preliminary objection and is constructed to claim that the evidence presented against them is insufficient to sustain the case. 2) the Answer is the Defendant’s response to the Plaintiff’s complaint and is usually filed with a Counterclaim.  The counterclaim is a denial of the Plaintiff’s claims in their complaint by alleging that it is the fault of the Plaintiff’, not the fault of the Defendant.  3)  the Bill of Particulars is the Defendant’s written request for more detailed information from the Plaintiff regarding the claims and allegations being made. 

4) Discovery, the process of investigating the facts before trial to include the technique of EBT (Examination Before Trial), Preparation of Witnesses, Attorney-Client Privileges, is a protection from discovery and ensures that the Defendant remain free from apprehension that their conversations will not be disclosed.  Incidents and Investigative Reports, and Statistical Data are also part of the Discovery process.  5) Defendant can make a Motion to Dismiss the case, this motion can be made before, during or after the trial. Motion for Summary Judgement when either party to the lawsuit believes that the issues are not triable, and a decision that only issues of law should be decided. 6) Defendant’s lawyer will have a Pretrial Conference where the lawyers and the judge can eliminate areas not in dispute and agree on others.  This procedure is not used to compel a settlement, but many cases are settled at this stage.

7) Notice Of Trial is the decision to proceed with the case; Memorandum Of Law or Trial Brief presents the nature of the case, cites case decisions to substantiate arguments and aids the court with points of law.  Courtroom and Judge is where the case will be litigated and by whom.  The Jury is usually a 12 member body summoned to the court to review the facts of the case to determine what actually happened and evaluate whether the Plaintiff or Defendant cause of negligence; juries render decisions. The right to a trial by jury is a constitutional right that can be waived to allow the judge to act as judge and jury in the case.

Respondeat superior means that the employer is responsible for the legal consequences of the acts of the employee while acting in the scope of their employment.  The concept of respondeat superior as it relates to the concept of corporate negligence as they apply to a hospital governing body and a corporate structure is the fact that they both hold the employer financially liable for its employee’s actions considered negligent.  All healthcare professionals should carry malpractice insurance for this purpose.

Examples: A hospital security officer whose job duties are is to patrol the facility finds oneself in a confrontation and the person is escorted out of the facility, but the security guard is angry, follows the person out and assaults them.  The person was within his duties with escorting the person out, but not assaulting the person. 

Another is the police shootings of unarmed black folk, although discharging a weapon can be part of their duties, and they often get away with murder because of this; even illegal tactics like choke holds. The local government that hired them can and are usually held financially liable in wrongful death lawsuits even if they are found not guilty by a court system. 

A health care worker’s employer can be held liable if the worker is mistreating patients while discharging their duties as an employer of the company.  If the worker has a previous history of this type of behavior and the company failed to confirm it and hired the worker who is now demonstrating that same behavior; the company can be held liable for negligently hiring an individual  with a history of abusing patients.

Pozgar, G. D. & Santucci, N. (2016). Legal aspects of health care administration. (12th

ed.).Sudbury, MA: Jones & Bartlett Learning.

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