Dr. A. M. Miller
Health Care Policy, Law, and Ethics
October 31, 2014
Legal Aspects of U. S. Health Care System Administration
In the United States health care administration, there are lots of health laws, such as federal, state and local. The administrator will need to know these laws, because they will be interacting with top professionals at all levels. The health administrator is new to Well Care Hospital, and the hospital for the past six months has been under scrutiny for breach of medical compliance. It is important that the top administrator be concerned about the importance of his or her conduct within …show more content…
This means that the physician must provide the same knowledge, care and skill that a similarly trained physician would provide under the same circumstances. The physician is expected to perform the same acts that a reasonable and prudent physician would perform. If the physician violate the standard of care, they could be liable for negligence (Fremgen, 2009, p.55). The next element to be proved is the breach of duty, which “is the failure to conform to or the departure from a required obligation owed to a person” (Pozgar, 2012, p. 38). The third element is injury. Defendants have to show that they have been injured or have some type of damages. If they cannot provide such cause “the person sought to be held liable for negligence cannot be charged with responsibility for the injury” (p. 39). The final element is causation.
A defendant in a negligence case is only responsible for those harms that the defendant could have foreseen through his or her actions. If a defendant has caused damages that are outside of the scope of the risks, that defendant could have foreseen, then the plaintiff cannot prove that the defendant’s actions were the proximate cause of the plaintiff’s damages (Reuters, 2014, Proximate Causation section, para. 1). The hospitals for the past six months have been under scrutiny for breach of medical compliance. The information was gathered by the health administrator and a meeting was schedule with the