Medical Malpractice Component: Cultural

Medical Malpractice Component: Cultural

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 is a link to the case you will investigate. This link is also provided in the Final Project I Guidelines and Rubric document.

Surgery: Iturralde v. Hilo Medical Center USA

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

http://caselaw.findlaw.com/hi-intermediate-court-of-appeals/1597588.html
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 Proficient (100%) Needs Improvement (70%) Not Evident (0%) Value

Introduction: Summarize

Summarize the case, including information on the stakeholders involved, the problem, and the time period of the incident that occurred

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

Does not summarize the case 15

Medical Malpractice Component: Legal

Components

Explains the key legal components of the case, including the nature of the issue and the rules that applied

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

Does not explain the key legal components of the case

15

Medical Malpractice Component:

Malpractice Policies

Determines relevant malpractice policies in place for addressing the issues within the case

Determines malpractice policies, but response lacks detail, or the chosen policies are irrelevant or do not address the issues of the case

Does not determine relevant malpractice policies in place for addressing the issues within the case

15

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 the malpractice case for the standard of care provided to the victim, but does not apply what the law states about standard of care

Does not analyze the malpractice case for the standard of care provided to the victim

15

Medical Malpractice Component: Cultural

Backgrounds

Analyzes how the malpractice case would impact healthcare consumers from different cultural backgrounds

Analyzes how the malpractice case would impact healthcare consumers from different cultural backgrounds, but analysis is cursory or contains inaccuracies

Does not analyze how the malpractice case would impact healthcare consumers from different cultural backgrounds

15

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

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 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%

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