HRM FPX 5401 Assessment 2 Civil and Criminal Law in Healthcare: Memorandum HRM-FPX5401 The Legal, Ethical, and Regulatory Environment of Health Care

Prof. Name:

Date

Civil and Criminal Law in Healthcare: Memorandum

In the healthcare sector, Human Resources (HR) professionals have a wide range of responsibilities, including personnel management and ensuring legal compliance. The healthcare industry faces legal challenges on a daily basis, and the HR department plays a vital role in the overall healthcare system. It is essential for HR professionals to have a comprehensive understanding of both criminal and civil law to effectively address risks that could impact the well-being of patients, employees, and the organization as a whole. When a healthcare organization encounters a criminal act that jeopardizes patient safety, the repercussions can severely damage the organization’s reputation and lead to significant legal consequences. Conversely, healthcare is also governed by civil laws, which encompass contracts, malpractice, and employment disputes.

This memorandum will outline the civil and criminal issues that Vila Health may face in relation to the incident involving a pediatric patient who was administered the wrong medication. It will analyze the legal implications of this incident and provide relevant organizational policies, laws, and regulations to prepare for an informed discussion with legal counsel regarding the family’s concerns and to protect the organization’s legal interests.

Staff Protocol Interviews

The first step the facility should take is to have the ethics committee review the hospital’s policies and approach to medical error reporting to determine if the current approach is principled. Once this is established, HR and management will conduct interviews with the doctor, nurse, and pharmacist who were on duty at the time of the incident. Each healthcare professional should be asked about the standard protocols and procedures for administering medication to patients. The interviews will be conducted individually, allowing each staff member to explain their actions and roles in the situation, including how the medication was ordered, received, verified, prepared, and administered.

This interviewing process will help identify any missing steps and provide insight into how the error occurred. It is crucial to assess the knowledge, training, and understanding of medication safety and dosage calculations among the staff. Additionally, the documentation and communication processes should be examined to ensure that the appropriate orders were written, documented, and communicated correctly among the staff. Each individual’s specific roles and responsibilities will also be discussed, including who was responsible for verifying medication orders, preparing them, and administering them to the patient. Finally, it is important to evaluate the factors that contributed to the error, such as distractions, heavy workloads, staffing shortages, or other circumstances that may have played a role in the unfortunate incident.

Civil Issues Questions for Counsel

1. Are there potential grounds for medical malpractice in this case?2. Can the incident be classified as negligence, and if so, what factors need to be established?3. What are the potential liabilities for the healthcare professionals involved, including the doctor, nurse, and pharmacist?4. Are there any potential claims related to emotional distress or psychological harm suffered by the patient and their family due to the incident?5. What are the legal implications if it is determined that the incident resulted from a systemic issue within the healthcare facility, such as inadequate training or flawed protocols?6. Can the organization be held vicariously liable for the actions of its employees in this case?7. What potential damages may the patient and their family be entitled to seek in a civil lawsuit?Response to the Civil Law Issue

In this case, Vila Health is confronted with a civil law issue in the form of negligence. Negligence is classified as a tort, which is a civil or personal wrong. It arises from heedlessness or carelessness that deviates from the standard of care expected from reasonable members of society. Responsible parties may include any trained healthcare providers who failed to deliver adequate care and meet the appropriate standards. When a healthcare provider does not provide treatment within the accepted standard of care, it is considered medical negligence. If this negligence results in adverse health effects, it can lead to a medical malpractice claim.

The administration of incorrect medication that caused the patient to suffer adverse effects for five hours could serve as grounds for a medical malpractice case. To establish medical negligence, the family must demonstrate that the provider had a duty and obligation, that the healthcare provider fell short due to negligence, that the pa