MH0058 – Legal Aspects in Healthcare Administration

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ASSIGNMENT

DRIVE	FALL 2015
PROGRAM	MBA (Sem 4), MBADS (Sem 4 / Sem 6), PGDHSMN (Sem 2)
SUBJECT CODE & NAME	MH0058 – Legal Aspects in Healthcare Administration
SEMESTER	4
BK ID	B1322
CREDITS	4
MARKS	60

Note: Answer all questions. Kindly note that answers for 10 marks questions should be approximately of 400 words. Each question is followed by evaluation scheme.

Q1. Explain informed consent with examples.

Answer: Informed consent is a process for getting permission before conducting a healthcare intervention on a person. A health care provider may ask a patient to consent to receive therapy before providing it, or a clinical researcher may ask a research participant before enrolling that person into a clinical trial. Informed consent is collected according to guidelines from the fields of medical ethics and research ethics.

Q2.Explain the following concepts:

a. Accountability to patients

Answer : Comprising physicians from around the state and numerous specialties, and including legal experts and patient safety advocates from the consumer and hospital arenas, the Workgroup has crafted a long-term strategy to achieve these ends:

Goal:

To pursue as a high priority and as an important

b. Vicarious liability 5+5=10 marks(350-400 words)

Answer : Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondent superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability.

Employers' liability

Employers are vicariously liable, under the respondent superior doctrine, for negligent acts or omissions by their employees in the course of employment (sometimes referred to as 'scope of employment').[1] For an act to be considered within the course of employment it must either be authorized or be so connected with an authorized act that it can be considered a mode, though an improper mode, of performing it.

Principals' liability

The owner of an automobile can be held vicariously liable for negligence committed by a person to whom the car has been loaned, as if the owner was a principal and the driver his or her agent, if the driver is using the car primarily for the purpose of performing a task for the owner. Courts have been reluctant to extend this liability to the owners of other kinds of chattel.

Parental liability

In the United States, the question of parental responsibility generally and the issue of parental vicarious liability for the torts of their children is evolving. What is clear is that parents can be held liable for their own negligent acts, such as failure to supervise a child, or failure to keep a dangerous instrument such as a handgun outside the reach of their children.

Employees' Continued Liability And Indemnity

A common misconception involves the liability of the employee for tortuous acts committed within the scope and authority of their employment. Although the employer is liable under respondent superior for the employee's conduct, the employee, too, remains jointly liable for the harm caused. As the American Law Institute's Restatement of the Law, Third, Agency § 7.01 states,

Q3 .Which are the 3 types of inquest’s in India ? Explain.1+9=10 marks(350-400 words)

Answer : An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death.[1] Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coroner or medical examiner. Generally, inquests are only conducted upon deaths which are suspicious, due to violence, involving law enforcement officials, or of persons held in state custody. An

4. Define abortion. Explain medical termination of pregnancy act in detail.

Answer : Abortion is the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability.[ A abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced. The term abortion most commonly refers to the induced abortion of a human pregnancy.

Abortion, when induced in the developed world in accordance with local law, is among the safest procedures in medicine.

 Medical Termination of Pregnancy Act (MTP)

MTP Act – 1971 with amendments in 2002 is an enabling act

·       —Aims to improve the maternal health scenario by preventing large number of unsafe abortions and consequent high incidence of maternal mortality & morbidity

·       Legalizes abortion services

Q.5 Explain medical negligence. List the various rights and responsibilities of the patient.

Answer : WHAT IS MEDICAL NEGLIGENCE?

The medical profession is considered a noble profession because it helps in preserving life. We believe life is God given. Thus, a doctor figures in the scheme of God as he stands to carry out His command. A patient generally approaches a doctor/hospital based on his/its reputation. Expectations of a patient are two-fold: doctors and hospitals are expected to provide medical treatment with all the knowledge and skill at their command and secondly they will not do anything to harm the patient in any manner either because of their

6 Discuss the important documents and ethical codes in medical ethics.

Answer: Important documents in medical ethics :

There are various medical records which are important according to the codes of medical ethics. These need to be well organized and up to date. The most common types of medical records that needs to be maintained are :

• Patient History and Physical examination report
• Consultation report
• Operative report
• Radiology report
• Pathology report
• Laboratory report
• Emergency report
• SOAP note report

Ethical codes in medical ethics :

A. Declaration: 

Each applicant, at the time of making an application for registration under the provisions of the Act, shall be provided a copy of the declaration and shall submit a duly signed Declaration as provided in Appendix 1. The applicant shall also certify that he/she had read and agreed to abide by the same.

B. Duties and responsibilities of the Physician in general:

1.1 Character of Physician (Doctors with qualification of MBBS

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