Introduction Outcomes Module Checklist Tips

M4 Introduction

Chapter 6 Background:

Focuses on tort law and the various causes of action that may be encountered in the healthcare and health information setting. Tort law’s unique role in safeguarding the rights of individuals and other legal entities is explained in terms of negligence, intentional torts, strict liability, and contract principles and the various causes of actions or claims. The chapter reviews the basis of liability, including defamation, invasion of privacy, breach of confidentiality, infliction of emotional distress, medical malpractice, and criminal conduct. Each of the causes of action related to a damages award claimed for injuries are discussed as are the various defenses a defendant may bring. While HIPAA is discussed in detail in chapters 9 and 10, this chapter does introduce some aspects of the rule. The chapter also focuses on issues relating to medical malpractice insurance and tort reform measures at the state and private insurance levels.

Chapter 7 Background:

Healthcare organizations must continually make business decisions that have legal implications. One decision is the legal form that an organization will take. Although small organizations may assume partnerships and sole proprietorships, a common form is the corporation. This chapter discusses the structure and legal status of a corporation and its associated legal obligations. Regardless of a healthcare organization’s form, individuals within the organization have some level of contracting authority. From a provider standpoint, the physician-patient relationship itself is a contract. From a business standpoint, the authority to enter into contracts is most often held by healthcare administrators, managers, and department directors. Among the many types of contracts are health information technology (HIT) contracts, which have proliferated in response to the federal government’s incentive program to adopt the electronic health record (EHR). In addition to contracting authority, decisions made by individuals in healthcare organizations may have antitrust implications. This chapter describes basic, yet significant, legal concepts that affect the healthcare organization as a business, including health information management and informatics-related functions.

Outcomes

By the end of this module, you will be able to...

Differentiate between various types of torts.
Compare types of negligence and evaluate the degree of negligence as well as the elements of negligence.
Articulate the doctrine of Res ipsa loquitor and demonstrate examples of when it applies.
Describe physician/patient relationship as a contract – refer back to Chap 14.
Describe the elements of a valid contract
Describe the purposes of hold harmless/indemnification clause.
Describe the physician-patient relationship as a contract.
Analyze three major antitrust statutes.
Define Key Terms

Module Checklist

In order to meet our outcomes for this module, we will complete the following activities and assignments:

Read & Watch

Required Module Readings & Resources
- Textbook: Chapter #6: Tort Law (pages 97 - 119)
- Textbook: Chapter #7: Corporations, Contracts, and Antitrust Legal Issues (pages 121 - 137)
- NOTE: Res ipsa loquitur – while negligence is not generally inferred/presumed from an injury, the exception to this is the doctrine of res ipsa loquitur, whereby facts or circumstances accompanying an injury my permit an inference of negligence. Res ipsa loquitor forces the defendant to prove that he/she was not negligent.

- Required VIDEOS: Tort Law & Types of Torts
  
  Tort Law Part 1
  
  Tort Law Part 2
  
  Tort Law Part 3
  
  What are the Types of Torts
Optional Readings & Resources
- Oachs: Chapter #2: Legal Issues in Health Information Management
  - Specific Attention to Key Terms

Complete:

Post & Discuss: Assignment Title & Link (Discussion)
- Initial Post: Deadline
- Replies: Deadline
Complete: Application Exercise Chapter 6 - Scenario, Web Review, and Q/A
- DUE Date: Deadline
Complete: Application Exercise Chapter 7 - Case Scenarios and Q/A
- DUE Date: Deadline
Complete: Application Exercise Chapter 6/7 Vocabulary
- DUE Date: Deadline
Submit: Module 4 - QUIZ
- Deadline
Submit: Module 4 - EXAM
- Deadline

Tips for Success

To help in the completion of this Module, you should…

Complete all Required Reading and take notes during lectures.
Focus on Key Terms/Vocabulary - know the meanings, definitions, and context for the terms in each chapter
Know the due dates and deadlines of all assignments
Pay close attention to assignment requirements, including the naming conventions for saved/uploaded files
Don't forget to maintain your discussion boards! It's easy for students to lose points by not replying to their peers or maintaining posts from week to week and these missed points can add up in the overall grade for this course.
Don't lose your work - always save a back-up copy of all assignments including your discussion board content.
Ask for assignment clarifications as needed - your instructor is always available to help!

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