Legal Chap 7 & 8

duty to prevent falls

falls can be reduced by maintaining a safe environment and providing ongoing staff and patient education.

Implied Corporate Authority

right to perform any and all acts necessary to exercise a corporation's expressly conferred authority and to accomplish the purpose(s) for which it was created

Executive Committee

working group of the governing body that has delegated authority to act on behalf of the full board when it is not in session.

Ultra Vires Acts

Agoverning body can be held liable for acting beyond its scope of authority, which is either expressed or implied in law.

Corporate offices/director

An officer or a director of a corporation is not personally liable for the torts of corporate employees.

RACE

R-Rescue or remove the patient first. A-An alarm should be sounded second. C-Contain the fire third. E-Extinguish the fire last.

Administrator

The CEO is responsible for the supervision of the Administrative staff and managers who assist in the daily operations of the organization.

SARBOX

The Sarbanes-Oxley Act of 2002, also called SOX, was enacted as a response to the misconduct committed by executives in companies such as Enron, World Com, and Tyco, resulting in investor losses exceeding half a trillion dollars.

Darling-A Benchmark Case

The benchmark case in the health care field, which has had a majoe impact on the liability of health care organizations, was decided in 1965 in Darling v. Charleston Community Memorial Hospital. The Darling case involved an 18 yr old college football player who was preparing for a career as a teacher and coach. He was injured during a play, emergency room doctor put a cast on and shortly after put on it began to hurt. After months he was transferred to another doctor who found alot of dead tissue. after several attempts to remove the tissue, they had to amputate the leg.

Joint Commission standards

The governing body, if accredited by The joint Commission, is responsible for compliance with applicable standards promulgated by The Joint Commission.

Pharmacy and therapeutics committee

generally charged with developing policies and procedures relating to the selection, procurement, distribution, handling, use, and safe administration of drugs, biologicals, and diagnostic testing material

Nominating Committee

generally responsible for developing and recommending to the governing body criteria for governing body membership.

Health care corporations

governmental, charitable, or proprietary - have certain powers expressly or implicity granted to them by state statutes.

Independent Contractor

relationship is established when the principal has no right of control over the manner in which the agent's work is to be performed.

Independent contractor

relationship is established when the principal has no right of control over the manner in which the agent's work is to be performed.

Finance Committee

responsible for overseeing the financial affairs of the organization and making recommendations to the governing body.

planning committee

responsible for recommending to the governing body the use and development of organizational resources as they relate to the mission and vision of the organization.

Audit and Regulatory Compliance Committee

responsible for the assessment of various functions and control systems of the organization and for providing management with analysis and recommendations regarding activities reviewed.

Infection control committee

responsible for the development of policies and procedures for investigating and preventing infections.

Bylaws Committee

reviews and recommends bylaw changes to the governing body Bylaws generally are ameded or rescinded by a majority vote of the governing body.

Patient Care Committee

reviews the quality of patient care rendered in the organization and makes recommendations for the improvement of such care.

medical records committee

develops policies and procedures and procedures as they pertain to the management of medical records

Credentials committee

process for medical staff applicants, requests for clinical privileges, and reappointments to the medical staff.

doctrine of respondeat superior

a legal doctrine holding employers liable, in certain cases, for the wrongful acts of their agents (employees)

Joint liability

based on the concept that all joint or concurrent tort-feasors are actually independently at fault for their own wrongful acts.

blood and transfusion committee

develops blood usage policies and procedures

Utilization review committee

monitors and evaluates utilization issues such as medical necessity and appropriateness of admission and continued stay, as well as delay in the provision of diagnostic, therapeutic, and supportive services.

misdiagnosis

most frequently cited injury event in malpratice suits against physicians.

Corporate Negligence

occurs when a health care corporation fails to perform those duties it owes directly to a patient or to anyone else to whom a duty might extend.

National Health Planning & Resource Development Act of 1974

sought to encourage state review of all plans calling for the construction, expansion, or renovation of health facilities or services by conditioning receipt of certain federal funds on the establishment of an approved state CON program.

Express Corporate Authority

the power specifically delegated by statue.