Overview
Each student will prepare and submit a written analysis of a closed legal case in health care related law. This is not a review of an article or news story. Closed legal cases are available through a variety of sources and are typically one of perhaps several appealed cases for either the plaintiff(s) and / or the defendant(s) for a particular medical/legal claim, and may include such topics as medical malpractice, negligence, wrongful death, products liability, contract disputes, tort law, or violation of administrative laws or regulatory issues, etc.
Please use a table of contents. The analysis should be in your own words and include the answers to the following in the order presented (Please label each question that you are addressing):
- The complete title and citation for the case (e.g. Smith v. Beebe Medical Center).
- Explain which court decided this case.
- How did the case get to the court? Discuss the procedural history of the case.
- What laws or statutes, acts, etc. pertain to this case?
- What legal issues were decided by the court in this case?
- Discuss the facts of the case. (Who are parties? What happened?)
- What did the court decide? Give its holding (decision) and the reasons it gave for the decision (reasoning)?
- Was the decision unanimous? If not, who dissented and why did they dissent?
- Why is this case important for health care administrators?
- What do you think about the decision?
This paper should be no more than 7 - 8 double-spaced pages, (does not include the cover page and reference page) and must be in APA format. Please label each question that you are addressing. Please reference all related cases, statutes, laws, etc., pertaining to this case on your reference page. You may use any reliable resource including FindLaw.com, Justia Law, etc. to find information on your case. The Wilmington University Library is great resource for assistance. Wikipedia should NOT be used as a citation in your paper or as a reference in your reference list. Prepare and Narrate a presentation through Kaltura on the legal case you analyzed. The following points should be addressed in this presentation in the order provided and include a table of content:
- What legal issue or topic was the case about (medical malpractice, negligence, etc.) when it became news
- Details of the case (who was involved)
- When did the harm or complaint occur and did it settle? (who won)
- Why this case is important to the healthcare industry?
- How does this case or situation impact healthcare organizations, the plaintiff, the defendant, or both?
- A summary of the case and your views on the outcome.
Please reference any materials necessary in your presentation on a reference slide; any tables, pictures, etc. that are not your own must be referenced on the slide and in your reference slide(s). You may be as creative as you wish (within reason) with design, colors, format, fonts, etc. Videos are acceptable for inclusion in the presentation but must be limited to no longer than 6 minutes in length. Limit the presentations to no more than 15 slides, including the Title slide and reference slide(s).
The Emergency Medical Treatment and Labor Act (EMTALA) is a statute which governs when and how a patient may be (1) refused treatment or (2) transferred from one hospital to another when he is in an unstable medical condition. Please review EMTALA, research a recent EMTALA case, and address the following questions in detail. This paper should be no more than 5 - 6 double-spaced pages, (does not include the cover page and reference page) and must be in APA format. Please label each section with the question you are addressing. All resources must be properly cited and noted on a reference page.
- Who is intended to be protected by this act? Explain and provide examples
- Outline what is guaranteed as well as what is not guaranteed within this act? Explain and provide examples.
- Discuss the fines provided for by the act and include examples of hospitals which have been fined for not complying with this act.
- Describe and analyze the conditions under which a hospital, specifically a emergency room, is permitted to transfer a patient without healthcare coverage with examples.
- What is Anti-Dumping include examples ?
- Describe a recent case that involved an EMTALA violation within the last two years.