IHP 420 Ethical & Legal Considerations

IHP 420 Ethical & Legal Considerations

IHP 420 Milestone One Guidelines and Rubric Overview: The final case study for this course will require you to analyze a court decision in which a physician was found liable for medical malpractice. You will focus on facts pertaining to the medical standard of care, breach of care, and causation, and you will explain how they were applied to law. You will then use the facts of the case to identify an ethics issue and determine an ethical theory that would help provide a safe, quality healthcare experience for the patient. Next, you will apply a clinician–patient shared decision-making model to describe how the ethics issue could be resolved. You will also include a discussion about possible violations of the code of ethics in your given field. Lastly, you will augment or vary the facts of the case to create a hypothetical scenario that changes the outcome so that the physician is no longer liable for medical malpractice. For this milestone, you will start working on the case for Final Project I: Malpractice. Below is a link to the case you will investigate, as well as an additional article about this case. These links are also provided in the Final Project I Guidelines and Rubric document. • Surgery: Iturralde v. Hilo Medical Center USA • Hawaiian jury finds doctor liable for inserting screwdriver in patient’s spine (Supplemental article) Prompt: In this milestone, you will complete part of your analysis of the malpractice case. Using this analysis of the case, you will address the facts pertaining to the medical standard of care, breach of care, and causation. Specifically, the following critical elements must be addressed: I. Introduction: A. Summarize the case, including information on the stakeholders involved, the problem, and the time period the incident occurred. II. Medical Malpractice Component: In this section, you will evaluate the case to address the legal components, the malpractice policies similar to this case, and the standard of care given to the patient and how it was breached. Then, you will draw connections to how this malpractice case impacted stakeholders and healthcare consumers outside of the case. A. Explain the key legal components of the case, including the nature of the issue and the rules that applied. B. Determine relevant malpractice policies in place for addressing the issues within the case. C. Analyze the malpractice case for the standard of care provided to the victim. Be sure to apply what the law states about standard of care to support whether or not it was breached in the case. D. Analyze how the malpractice case would impact healthcare consumers from different cultural backgrounds. For example, would this case have a similar impact on a person from a culture different from the one in the case? How could this incident change the views of these healthcare consumers toward the healthcare system? E. Assess the malpractice case for accountability based on its severity. To what extent was the healthcare provider held accountable? Rubric Guidelines for Submission: Your paper should be a 2- to 3-page Microsoft Word document with double spacing, 12-point Times New Roman font, one-inch margins, and at least three sources cited in APA format. Critical Elements Introduction: Summarize Proficient (100%) Summarize the case, including information on the stakeholders involved, the problem, and the time period of the incident that occurred Medical Malpractice Component: Legal Components Explains the key legal components of the case, including the nature of the issue and the rules that applied Medical Malpractice Component: Malpractice Policies Determines relevant malpractice policies in place for addressing the issues within the case Medical Malpractice Component: Standard of Care Analyzes the malpractice case for the standard of care provided to the victim, and applies what the law states about standard of care to support whether or not it was breached in the case Analyzes how the malpractice case would impact healthcare consumers from different cultural backgrounds Medical Malpractice Component: Cultural Backgrounds Medical Malpractice Component: Accountability Assesses the malpractice case for accountability based on its severity and explains the level of accountability the healthcare provider was held to Needs Improvement (70%) Summarizes the case, but summary is cursory or illogical, contains inaccuracies, or does not include information on the stakeholders, the problem, or the time period of the incident Explains the key legal components of the case, but analysis is illogical, contains inaccuracies, or does not include the nature of the issue or the rules that applied Determines malpractice policies, but response lacks detail, or the chosen policies are irrelevant or do not address the issues of the case Analyzes the malpractice case for the standard of care provided to the victim, but does not apply what the law states about standard of care Not Evident (0%) Does not summarize the case Value 15 Does not explain the key legal components of the case 15 Does not determine relevant malpractice policies in place for addressing the issues within the case 15 Does not analyze the malpractice case for the standard of care provided to the victim 15 Analyzes how the malpractice case would impact healthcare consumers from different cultural backgrounds, but analysis is cursory or contains inaccuracies Assesses the malpractice case for accountability based on its severity and explains the level of accountability the healthcare provider was held to, but explanation lacks detail or is illogical Does not analyze how the malpractice case would impact healthcare consumers from different cultural backgrounds 15 Does not assess the malpractice case for accountability based on its severity 15 Articulation of Response Submission has no major errors related to citations, grammar, spelling, syntax, or organization Submission has major errors related to citations, grammar, spelling, syntax, or organization that negatively impact readability and articulation of main ideas Submission has critical errors related to citations, grammar, spelling, syntax, or organization that prevent understanding of ideas 10 Total 100%

  Excellent Good Fair Poor
Main Postinga 45 (45%) – 50 (50%)

Answers all parts of the discussion question(s) expectations with reflective critical analysis and synthesis of knowledge gained from the course readings for the module and current credible sources.

 

Supported by at least three current, credible sources.

 

Written clearly and concisely with no grammatical or spelling errors and fully adheres to current APA manual writing rules and style.

40 (40%) – 44 (44%)

Responds to the discussion question(s) and is reflective with critical analysis and synthesis of knowledge gained from the course readings for the module.

 

At least 75% of post has exceptional depth and breadth.

 

Supported by at least three credible sources.

 

Written clearly and concisely with one or no grammatical or spelling errors and fully adheres to current APA manual writing rules and style.

35 (35%) – 39 (39%)

Responds to some of the discussion question(s).

 

One or two criteria are not addressed or are superficially addressed.

 

Is somewhat lacking reflection and critical analysis and synthesis.

 

Somewhat represents knowledge gained from the course readings for the module.

 

Post is cited with two credible sources.

 

Written somewhat concisely; may contain more than two spelling or grammatical errors.

 

Contains some APA formatting errors.

0 (0%) – 34 (34%)

Does not respond to the discussion question(s) adequately.

 

Lacks depth or superficially addresses criteria.

 

Lacks reflection and critical analysis and synthesis.

 

Does not represent knowledge gained from the course readings for the module.

 

Contains only one or no credible sources.

 

Not written clearly or concisely.

 

Contains more than two spelling or grammatical errors.

 

Does not adhere to current APA manual writing rules and style.

Main Post: Timeliness 10 (10%) – 10 (10%)

Posts main post by day 3.

0 (0%) – 0 (0%) 0 (0%) – 0 (0%) 0 (0%) – 0 (0%)

Does not post by day 3.

First Response 17 (17%) – 18 (18%)

Response exhibits synthesis, critical thinking, and application to practice settings.

 

Responds fully to questions posed by faculty.

 

Provides clear, concise opinions and ideas that are supported by at least two scholarly sources.

 

Demonstrates synthesis and understanding of learning objectives.

 

Communication is professional and respectful to colleagues.

 

Responses to faculty questions are fully answered, if posed.

 

Response is effectively written in standard, edited English.

15 (15%) – 16 (16%)

Response exhibits critical thinking and application to practice settings.

 

Communication is professional and respectful to colleagues.

 

Responses to faculty questions are answered, if posed.

 

Provides clear, concise opinions and ideas that are supported by two or more credible sources.

 

Response is effectively written in standard, edited English.

13 (13%) – 14 (14%)

Response is on topic and may have some depth.

 

Responses posted in the discussion may lack effective professional communication.

 

Responses to faculty questions are somewhat answered, if posed.

 

Response may lack clear, concise opinions and ideas, and a few or no credible sources are cited.

0 (0%) – 12 (12%)

Response may not be on topic and lacks depth.

 

Responses posted in the discussion lack effective professional communication.

 

Responses to faculty questions are missing.

 

No credible sources are cited.

Second Response 16 (16%) – 17 (17%)

Response exhibits synthesis, critical thinking, and application to practice settings.

 

Responds fully to questions posed by faculty.

 

Provides clear, concise opinions and ideas that are supported by at least two scholarly sources.

 

Demonstrates synthesis and understanding of learning objectives.

 

Communication is professional and respectful to colleagues.

 

Responses to faculty questions are fully answered, if posed.

 

Response is effectively written in standard, edited English.

14 (14%) – 15 (15%)

Response exhibits critical thinking and application to practice settings.

 

Communication is professional and respectful to colleagues.

 

Responses to faculty questions are answered, if posed.

 

Provides clear, concise opinions and ideas that are supported by two or more credible sources.

 

Response is effectively written in standard, edited English.

12 (12%) – 13 (13%)

Response is on topic and may have some depth.

 

Responses posted in the discussion may lack effective professional communication.

 

Responses to faculty questions are somewhat answered, if posed.

 

Response may lack clear, concise opinions and ideas, and a few or no credible sources are cited.

0 (0%) – 11 (11%)

Response may not be on topic and lacks depth.

 

Responses posted in the discussion lack effective professional communication.

 

Responses to faculty questions are missing.

 

No credible sources are cited.

Participation 5 (5%) – 5 (5%)

Meets requirements for participation by posting on three different days.

0 (0%) – 0 (0%) 0 (0%) – 0 (0%) 0 (0%) – 0 (0%)

Does not meet requirements for participation by posting on 3 different days.

Total Points: 100