Legal Aspects Short Essay Questions
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Feb 20, 2024
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Legal Aspects of Health Information
Short Essay Questions
Sharah Goodman
A patient has filed a $3 million medical malpractice lawsuit against St. Patrick Hospital. In light of the patient's litigious background and the facts of the case, hospital administration is adamant that it is not liable. It has instructed its legal counsel to proceed toward trial, where it may be absolved of liability.
Assignment:
In a Word document, compose responses to the following questions. These do not need to be super long (1-3 sentences). Your response to the second question (options) should be explored in more length, several sentences. The questions simply need to be thoroughly answered.
What source of law is the patient's lawsuit likely to be based on? Why?
Based on the patient's litigious background and the facts of the case, the patient's lawsuit against St. Patrick Hospital is likely to be based on the legal principle of medical malpractice. The patient is seeking compensation for alleged harm or injury caused by the hospital's actions or
lack thereof.
What other options does the hospital have?
The hospital can choose to defend themselves in court and proceed with the trial. Alternatively, they may explore the possibility of reaching a settlement with the patient outside
of court. This could involve negotiations and an agreement on a specific amount of compensation
or other terms. Another option could be to seek mediation or arbitration, which are alternative dispute resolution methods that aim to resolve the matter outside of traditional litigation. The hospital's legal counsel will assess the situation and advise on the best course of action.
Is it the hospital's or the legal counsel's decision to try the case or settle?
It is the decision of the hospital's administration, in consultation with their legal counsel, to decide whether to go ahead with a trial or explore the possibility of a settlement. The legal counsel will provide guidance and advice based on their ability, but the final decision rests with the hospital administration.
What decision-making authority does the hospital's insurance company have?
The hospital's insurance company may have decision-making authority regarding the patient's lawsuit, depending on the terms of the insurance policy. They may be involved in the decision-making process and provide recommendations or guidance to the hospital administration. However, the final decision on whether to try the case or settle rests with the hospital administration. The insurance company's role is to provide support and coverage within the parameters of the policy.
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