Hospitals or specialized medical organizations often enter into a contract that is “Exclusive” meaning that the person or people will be providing a specific service to that organization. Specialized medical organizations also known as ancillary service departments are “specialized” departments such as radiologists, anesthesiologist, and cardiologists. Exclusive contracts are often seen between these specialized departments such as in the case of nurse Oltz, an anesthesiologist for St. Peter’s Community Hospital. Nurse Oltz, provided 84% of the surgical services for St. Peter’s Community Hospital. The nurse was terminated after his competitor entered into an exclusive contract with the same hospital ultimately terminating his contract with …show more content…
87). All basic elements can be found in the case regarding nurse Oltz and St. Peter’s Community hospital. The contract remained in full effect until the second signing of a new contract omitting nurse Oltz. Nurse Oltz had performed 84% of the surgical services for St. Peter’s Community Hospital fulfilling his part of the contract. However, the hospital did not fulfill their part of the contract by remaining in an exclusive relationship with the nurse Oltz. Instead, the hospital signed a new contract with a competing group of anesthesiologists who negotiated lower prices to push nurse Oltz out of the market which in the monopolized their power and finally, nurse Oltz loss revenue after being terminated by St. Peter’s Community Hospital. It was concluded by the jury that the hospital conspired with the group of competing anesthesiologists to squeeze nurse Oltz out of the market in order to level the playing field so to speak. Consequently, St. Peter’s Community Hospital was in breach of its current contract with the anesthesiologist nurse Oltz. Moreover, there are several elements that should be viewed and discussed before entering a legal and binding exclusive contract.
A nurse attending stated “during the morning’s second surgery, he actually dozed off. The nurse took him aside and recommended that he take a break, but he refused and returned to the operation.” The nurse here was in fault in more ways than one. This nurse should never allowed the doctor return back to operate on the patient, he should have been removed from the operating room immediately. The nurse should have
As healthcare cost, rapidly increase, healthcare professionals are finding innovative ways to contain cost. Occasionally, the healthcare organization may find themselves entombed in an ethical decision and find it difficult to take the appropriate action. In this paper, I will analyze the case study of Dr. S. and Dr. V.; and deliberate how the actions of Dr. S. and Dr. V. violated the Stark Law.
As a nurse it has happened to be an essential need to be conscious of the legal aspects associated with caring and serving people in the health industry today. Unfortunately, only fewer people want to get into the health care field fearing the legal aspects and the predictable law suits. The Tort Law is one of the legal aspects of the law that most nurses is more familiar with. This is the law that involved misconduct and negligence cases, which many nurses take the time to study in depth. This is one of the most universal and well-known laws, something that nurses and doctors must be familiar with, to maintain their care resourcefully.
Any reasonable organization would be able to predict or expect that the ER nurses condition needed to be addressed by the hospital as it would ultimately lead to harmful result if they didn’t act upon the physician’s recommendation and the previous history of errors (Pozgar, 2012). The hospital failed to supervise or establish appropriate policies to provide reasonable accommodations for the pregnant ER nurse. While not directly at fault for the negligence by the nurse under the borrowed servant doctrine the hospital would be liable for the acts of their agents and in the least contributed to the negligence (Pozgar, 2012 and “Comparative and Contributory Negligence”,
Regional Hospital is located in charlotte Mecklenburg North Carolina and serves a community of an estimated 875,000 members within the integrated delivery system (IDS). Recent efforts are being spent on reviewing several proposals for integration of a disease management contract that will assist in reducing utilization costs with the primary goal of improving our patient health outcomes.
I reviewed the case of Mr. Sam Superstar and Dr. Peters, in regards to possible proceedings and to which party would be at fault. I have found that in this case both parties could be found at fault in many different violations, both civil and criminal. Therefore there could be possible proceedings brought against both parties. It shows many aspects, of many, violations of laws. These violations range from simple breach of contract to theft of property. We will need to look into the violations more in depth. Following you will find a summary of my findings.
One of the strengths…. New physicians are hired on a two year contract with a fixed salary and benefits. After the completion of their two year term, they can then choose to either buy a share of Medical Associates and become stakeholders, or terminate their relationships with the practice entirely. Over the course of the past 5 years, Medical Associates’ staff has changed dramatically within the organization. As registered nurses retire or resign, they have been replaced with medical assistants. On five recent occasions, when a Registered Nurse assigned to a senior physician resigned, the senior physician demanded that the registered nurse assigned to a staff physician (non-shareholder) be reassigned to him or her and that the new Medical Assistant be hired to fill the vacancy with the new staff physician. This ad hoc system of job switching has caused a great deal of internal turmoil between the senior and junior physicians and has lead to the subsequent resignation of two Registered Nurses who did not want to be reassigned. Another issue of long term concern involves the financial structure of the corporation. At a recent Board retreat, a consultant furnished a recommendation that the corporation retain more of its annual earnings before sharing earnings with the shareholders. This report was very controversial.Dr. Eason, the Medical
The U.S. Healthcare delivery system has been impacted with increasing administrative costs and a recent survey by Casalino revealed that physicians are spending about three hours each week working on the health plans they support. The time is being consumed on many administrative tasks that include confirming that the medication being prescribed is covered, checking if specialist is in the plan’s preferred network, and managing the preauthorization of medical forms for specific care.
The record presents no real issue of materialistic facts that Orleans Regional Hospital did not employ over 100 employees, this caused Orleans Regional Hospital to be pursued as an employer to the WARN Act. Most of the employees who were still employed at North Louisiana Regional Hospital Partnership to become employees for Brentwood, which also operated in the same physical location as North Louisiana Regional Hospital Partnership. They even had the extent of the same phone number. Both hospitals treated patients with the same conditions including psychiatric and substance abuse disorders which lead to liabilities.. The defendant had also failed to provide court with detailed information on how the total number of hours claimed attorneys fees were unreasonable. The district court however found the, reasonable for the work performed. The defendants’ false allegation that the entries are unreasonable did not persuade them that the district court abused its power and kept matters private causing
The Federal Trade Commission actively enforces antitrust laws to organizations within the healthcare field, including to Physician Hospital Organizations (PHOs). A PHO is a vehicle that enables hospitals and physicians to work cooperatively toward accomplishing several objectives (Physician, 2015). According to Susan Creighton (2004), competitive issues among PHOs can occur when a PHO acts as a contracting arrangement for a network of healthcare providers. The network can consist of groups of physicians, one hospital or several, and also some other entities that offer a bundle of healthcare services to insurance companies and other payors (Creighton, 2004). The FTC states that the core antitrust law principle is that it is illegal for competitors to agree on prices they will charge, except where they come together and integrate in a legitimate joint venture that results in efficiencies or other precompetitive benefits that outweigh the restriction of competition (Creighton, 2004). Agreements that violate the antitrust law can be determined as per se illegal. Per se illegal means that activities, such as horizontal price fixing, or group boycotts, have been conclusively presumed to restrain competition unreasonably even without a study of the market that they occurred in, or an analysis of their actual effect on competition, or their purpose (Burke, et al., 2009). South Georgia Health Partners are an example of a PHO that was charged by the commission on a per se illegal
The first issue involves the violation of sterile procedurel by a nurse in the operating room. This violation of protocol may have placed the patient at risk for an operative infection. A claim of negligence requires four elements to be satisfied (Pozgar, 2016, p. 66). The fist is duty to care. The surgical procedure having been performed at this institution fulfills this requirement. The second is a breach of duty (Pozgar, 2016, p. 71). The operative nurse violated the hospital and operating room protocol for the use of operative instruments and violated the polices for sterile technique. This serves as the breach. The third component is injury (Pozgar, 2016, p. 72). The presence of infection, the need for prolonged antibiotic treatment and the possible need for a reoperation would meet the injury requirement. At last evaluation by Dr. Smith, the patient had signs and symptoms consistent with infection at the surgical site. The final criteria is causation (Pozgar, 2016, p. 73). Unless another cause of
In March of 2004, a doctor at the Wyoming Medical Center had been reported by one of the nurses for leaving an operating room during a surgery. Narotzky v. Natrona County Memorial Hosp. Bd. Of Trustees, 610 F.3d 561 (10th Cir. 2010). He had left Robert Griffin, a physician’s assistant, who had authorization to assist in surgeries but only under direct supervision of a physician. Id. After receiving the filed complaint, the Medical Center launched an investigation and eventually terminated a group of physicians. Id.
A. Legal and financial constraints. The Fair Labor Standards Act (FLSA) will reflect the usage of reported leave between exempt and non-exempt employees. The leave benefits system will emulate the needs of individuals while meeting their social needs for leaving to take care of their well-being. The commonality will reflect togetherness rather than being treated differently within the company. By utilizing this equality factor will then foster trust between employer and employee. The fairness will merit the well-roundedness of the human resource practices of the company. Transparency is a key success for the company to create synergy among the workforce while creating a positive environment.
There are many different forms of competition among health care organizations. Some of them are the prices of services, different co-pays someone will have to pay out of pocket, lower premiums, they have to be competitive in the quality of the service in which they perform daily. The health care competition is being advertised every day. The competitive nature of business cause them to reach out to the community. The health care industry has to fight for the approval of the community, the government, the insurance companies, the pharmaceutical companies and of course the stake holders as well as future investors.
The unhealthy hospital case is about a hospital named Blake Memorial that has been in a very bad shape, lacks in providing the best quality of care, is in debt, and financially imbalanced. It is important for a healthcare set up to maintain balance in the financial system so the stakeholders and customers who are the patients their interests are met. If the hospital is lacking in providing the best quality of care for its community and the community is in high needs of the care than the CEO’s of the hospitals need to make a change. The patients (customers) look for getting the best services and better results from a hospital and the stakeholder’s looks for better profitable gain from their business by running the hospitals. In this case