I SIMPLY NEED A RESPONSE TO ME PEERS RESPONSES…. 100 WORDS
- Explain whether you believe that our justice system promotes frivolous law suits or protects against them.
I believe that our justice system does promote frivolous lawsuits and do not protect against the. Our government is comprised of a democracy in which all people have the same rights as each other. The way that the legal system is set up, people can sue for almost anything they want. In the 1990s I was very familiar with the MC Donald’s “hot coffee” lawsuit. This lawsuit, which came into play because a woman had hot coffee spilled in her lap at a MC Donald’s drive through. This case was a landmark case because before this case, the general public had not heard of the term frivolous lawsuits. Now there are many lawsuits that people sue for damages for things that we as a society may deem “unnecessary”.
- Analyze the various elements that people should take into consideration prior to filing a lawsuit that might be perceived as “frivolous.”
Before a person attempts to make a law suit they must first see if they have a case to file, should get an attorney that specializes in the lawsuit the plaintiff wants to file. The considerations that should be taken is that the lawsuit may increase the price of the service or good. Insurances and premiums are increased because of these types of lawsuits. Also, if the defendant is innocent, they would be out of lots of money to fight the case in court.
- Explain the ethical considerations surrounding such lawsuits in the health care arena.
Some ethical would be that the medical staff remain professional at all times. They should also do whatever is asked of them by law enforcement to make sure that the legal proceddings go smoothly. Lastly, make sure that patients are treated fairly at all times to make sure that there are not any patients rights being violated. The key to success in ending frivolous lawsuits, is to make sure that each patient is getting the best care possible in the medical facility and all rules and regulations are being followed.
DICIANCIA, G. (2015). LIMITING FRIVOLOUS SHAREHOLDER LAWSUITS VIA FEE-SHIFTING BYLAWS: A CALL FOR DELAWARE TO OVERTURN AND REVISE ITS FEE-SHIFTING BYLAW STATUTE.
Boston College Law Review,
Kim, I., & Kim, J. (2015). Frivolous Suits in the Infinitely-Repeated Litigation Game with Uncertainty.
Hitotsubashi Journal Of Economics,
Mundy, A. (2004). The good guys: tort reformers complain about ‘frivolous’ lawsuits. But at a time when government has stopped protecting citizens, trial lawyers have become the regulators of last resort.
The American Prospect, (11), 25.
Yes I do believe that our justice system promotes frivolous law suits. It is hard to distinguish between the real law suits and the frivolous ones. Frivolous lawsuits are any lawsuit in which the plaintiff knows that there is little or no chance of them winning the lawsuit if it is brought into court. We live in a society that loves to sue over anything and everything. The McDonalds spilled hot coffee was a good example of a frivolous. I mean really you order a hot coffee, wouldn’t you expect it to be hot. She was the one who spilled it in her lap, so therefore McDonalds could not be held responsible. Even though it is unfortunate it happened.
Analyze the various elements that people should take into consideration prior to filing a lawsuit that might be perceived as “frivolous.”
Frivolous lawsuits tend to get attention pretty fast if it is directed towards a business. More than likely most will try to subdue the individual with a little compensation even though it is not due to them. It just keeps the business from being drug through the media and word of mouth. If the lawsuit is found to be frivolous, there may even be repercussions for the individual with the false claims for the lawsuit.
Explain the ethical considerations surrounding such lawsuits in the health care arena.
In the United States, malpractice tort reform has come to be regarded by many as a major remedy for reducing the high costs of medical care. Chandra, A., Durand, R., & Dickens, K. (2009). The Bush administration worked to stop these frivolous lawsuits for medical facilities and doctors. McCain worked to keep these lawsuits at minimum so healthcare costs were kept lower. Frivolous lawsuits in the medical field cause the average consumer to pay more for insurance and health care visits, because physicians are trying to save their practice.
Chandra, A., Durand, R., & Dickens, K. (2009). Healthcare consumers’ beliefs about medical malpractice lawsuits. Hospital Topics, 87(2), 25-31 7p. doi:10.3200/HTPS.87.2.25-32
Institute for Legal Reform. (2012). Episode 1: Is hot coffee the whole truth? Or nothing but? [Video file]. Retrieved from http://youtu.be/l2a9ULpDLgA
With the creation of the Patient Safety and Quality Improvement Act of 2005, Patient Safety Organizations (PSO) were put in place to collect and analyze data reported by health care providers. The idea is to be able to ensure safe and non-hazardous health care practices for patients (The Patient Safety, 2014). Core measures were introduced by The Joint Commission and working with the Centers for Medicare and Medicaid Services, ultimately creating the Specifications Manual for National Hospital Inpatient Quality Measures to be used as a standard to streamline data collection for improved health care practices (Core Measures, 2016).
In an article for improving pneumococcal immunization rates among hospitalized adults, it claims in a study conducted by the Centers for Disease Control and Prevention, that over one million people in the United States were hospitalized, with over 50,000 deaths from pneumococcal pneumonia in 2009. When looking at immunization measures, immunization failures occurred when the admission nurse omitted the screening assessment, completed the screening tool incorrectly, failed to order the immunization, or failed to administer the vaccine upon discharge (Schurlknight, 2015). Improving these failures would significantly reduce failures and ultimately improve vaccinations for prevention. Schurlknight suggests that the use of a computerized order set for the pneumococcal vaccine might increase reporting trends and prevent failures. A 3 month assessment for pre-implementation and post-implementation vaccinations shows processes for administering the vaccine improved with post-implementation vaccination. Procedures for both time periods (pre and post) and data collection provided information like if the patient’s screening tool was completed correctly; if the vaccine was indicated, contraindicated (meaning the vaccine could potentially be harmful) previously administered, and if the patient received the vaccine when indicated or if patient refusal was documented (2015). The study showed that pre-implementation success rate was 57% with post-implementation rate at 100% success. The EMR streamlined the patient discharge process, effectively aiding in automatic ordering with the discharge order and notification (2015). This allowed for similar processes used for other vaccinations such as influenza, tetanus, and Tdap.
Schurlknight, M. (May, 2015). Improving pneumococcal immunization rates among hospitalized adults. Nursing Economics, 33(3). Retrieved from http://eds.a.ebscohost.com.proxy-library.ashford.edu/eds/pdfviewer/pdfviewer?sid=154f9d79-678e-4270-ab56-382a1a766a8a%40sessionmgr4004&vid=3&hid=4203
The Patient Safety and Quality Improvement Act of 2005. (October 2014). Agency for healthcare research and quality. Rockville, MD. Retrieved from http://www.ahrq.gov/policymakers/psoact.html
The Joint Commission. (2016). Core measure sets. Oakbrook Terrace, IL. Retrieved from http://www.jointcommission.org/copyright_and_disclaimer.aspx
I chose the immunizaions in the core measure sets. Immunizations are an important part of preventative health care. It is important that vaccines reach all of the people that are needing them at any point in time. Immunization levels in the United States are high, but gaps still exist, and providers can do much to maintain or increase immunization rates among patients in their practice. http://www.cdc.gov/vaccines/pubs/pinkbook/downloads/strat.pdf There are many core measure sets to giving the immunization or getting them. The schools require your children have certain immunizations before starting schools. Other strategies that have been proven to work are linking immunizations to WIC programs for women and children. The prices of the vaccines have been lowered to help with those who do not have insurance and the out of pocket expense of the vaccine. Beyond this there are some different approaches that have been added and one is to make sure the health care providers are well informed on the vaccines and can answer any questions the patient may have. The physicians work more closely with the immunizations suppliers and keep close monitoring of any side effects that may occur or can occur with these immunization so that the maker is made aware of these issues. One specific strategy i found was the AFFIX which includes the following sections to help keep with the core measures of patent safety, assessment, feedback, incentives, exchange of information. There are guidelines set in place for physicians and health care providers as to when immunizations should be given to anyone but most importantly children.
Substance abuse not only poses a problem to the individual but also has the potential of affecting families, the healthcare system, as well as the economy. It was reported in 1998 that the economic costs to society were 185 billion dollars for alcohol misuse and 143 billion dollars attributed to drug problems (Harwood, 2000). Health care spending saw costs totaling 19 billion dollars for alcohol problems, and $14 billion for drug problems. It is due to these facts that The Joint Commission has established several core measures in order to mitigate these foreseeable costs/problems. In order to implement this Core measure, the hospital would have to implement alcohol use screening, provide or offer alcohol/drug intervention programs, provide or offer alcohol and other drug use disorder treatment at discharge and assess the status of the patient after discharge. After implementing these programs it’s important to implement programs in order to effectively gauge how well these programs are doing at stemming substance abuse. One way of accomplishing this is through assessing the status of the patient after discharge by contacting them between 7 and 30 days after hospital discharge in order to collect follow-up information regarding alcohol or drug use status. This would provide tangible data in order to track trends and would help to determine how the Implementation of the core measure may need to be adjusted in order to ensure a low re-admittance rate.
Harwood, HJ, 2000. Updating Estimates of the Economic Costs of Alcohol Abuse in the United States. National Institute on Alcohol Abuse and Alcoholism. Available at: http://pubs.niaaa.nih.gov/publications/economic-2000/, Office of National Drug Control Policy. The Economic Costs of Drug Abuse in the United States: 1992–2002. Washington, DC: Executive Office of the President (Publication No. 207303), 2004.
Drug Abuse Treatment: Efforts Under Way to Determine Effectiveness of State Programs:HEHS-00-50. (2000). GAO Reports, 1.