HEALTHCARE LAW, RISK MANAGEMENT AND LIABILITY 8
HealthcareLaw, Risk Management, and Liability
HealthcareLaw, Risk Management, and Liability
Healthcareis a critical sector of the social system that demands theformulation of policies to enable proper living standards of thepeople. As such various agencies are tasked to ensure theimplementation of quality care that is distributed among differentpopulations. Some of the plans that are incorporated into thisconcept encompass the execution of laws that ensure that protocolsare followed to achieve the intended objectives (Hall, 2010).
Significantly,the realizations of these plans are the key roles of the healthcarelaws besides promoting the effective and equal distribution ofaffordable health services. Despite the promotion of thesestrategies, practitioners face hurdles in the execution of therecommended tasks. The primary challenge faced by the specialists isthe inability to manage the uncertainties within the institution.Specifically, these aspects include risk management which is theevaluation and assessment with the intention to minimize and controlthe possibility of losses.
Thecontrol of the risks in the healthcare systems involves theprioritization of four major risk management components. Theseaspects encompass risk avoidance, risk transfer, mitigationprocedures, and risk retention. Consequently, well-informedadministrators are required to manage the medical sector and must beable to use risk assessment tools such as Pareto diagram, a conceptwhich is critical is the prioritization of risk elements during theanalysis of uncertainties (Neuberger, & Shoemaker, n.d.).
Anotherkey role that the administrators play during risk management andhealthcare improvement is the organization of the personnel (Shannon,2010). This concept ensures that the staff is well trained, paid,and motivated to ensure that all concerned individuals are gearedtowards health development. Suggestively, both the management and theemployees can make differences in the healthcare system, thus, theneed to integrate and incorporate all the functions. Therefore, theresearch paper examines these issues to determine the most effectiveapproach to improving the well-being of the people by ensuringquality care and execution of appropriate laws.
ThreeSources of Laws That Control Healthcare
Withinthe healthcare systems, there are laws that govern any undertakingsin the hospitals and some of the sources of such laws include commonlaw, statutory law, administrative law and state and federal laws(Neuberger & Shoemaker, n.d.).
Commonlaw is a term that has been used to refer to laws that have beenformulated through a decision in the court, but they do not depend onany statutes or regulations. Similarly, common laws are also referredto as the case law or case precedent, and they help to offer acontextual background for several legal concepts (Neuberger &Shoemaker, n.d.). Common laws are not fixed, but they can varydepending on the jurisdiction, but the final decision made by thejudge can be used in the future for a similar case. Therefore, commonlaw is another source of law that controls healthcare operationssince they are based on tribunal decisions that control futuredecision (Neuberger & Shoemaker, n.d.).
Statutorylaw is a term that is utilized within the field of law that is usedto define written laws, and they are endorsed by a legislative body.Laws that are passed by executive agencies such as regulatory lawsand administrative laws are entirely different from statutory laws(Neuberger & Shoemaker, n.d.). Additionally, statutory laws areconstrued by the courts, and they are different from common laws thatcan be subjected to interpretation during their application by thecourt. Similarly, statutory laws undergo normal process oflegislation whereby a bill is proposed in the legislature, and thenvoting is conducted (Neuberger & Shoemaker, n.d.).
Administrativelaw is an integral component of the law that is developed by variousgovernment departments and agencies, and they carry laws that havebeen passed by the Congress. There are certain situations when thecongresses are forced to pass laws on complex issues, and they seekhelp to evaluate how the law can be enforced and implemented (Cohen& Olson, 2016).Those who came on hand to help the Congress are the governmentdepartment and administrative agencies and they pass some rules toachieve the objective of the Congress. For instance, there are lawsthat protect the rights of the people and laws about food safetyamong others(Cohen & Olson, 2016).
WhyWe Make Law
First,laws are set of regulations that help to bring order to thecommunity, and they bind everyone in the society. Hence, the primaryreason why laws are made is that they protect the general safety ofthe citizens (Cohen& Olson, 2016).Additionally, laws ensure that the rights of the people are protectedfrom any form of abuse by the people, the government, andorganizations. Therefore, laws are put in place to ensure that thesafety of the citizens is protected, and they work at various levelsincluding the local, state and national (Cohen& Olson, 2016).
LocalCulture and Safety Culture
Localculture can be considered as the kind of environment that has beenadopted within a region of the workplace, and every person isexpected to behave according to that culture. Additionally, it can beviewed as the experiences of everyday life in specific andidentifiable localities (Curtin, 2011). Similarly, it represents thepeople’s feelings of correctness, comfort, and appropriateness. Onthe other hand, safety culture refers to a collection of role,attitudes norms, beliefs and technical practices that focus oneliminating any conditions that are considered dangerous from theemployees, managers, clients, and members of the public (Curtin,2011).
Assessmentof Safety Culture
Assessmentof safety culture is a difficult concept, and there is no any singlemodel that has been proposed that can help the professionals toanalyze and quantify safety culture. On the other hand, theappropriate requirement for conducting safety culture assessment isthe conceptual model that monitors the development of essentialmeasurement tools (Curtin, 2011). For safety culture to be assessed,a psychological model can be utilized that comprises of a wide rangeof variables that relates to safety. This kind of model issignificant since it provides vital information that relates to thedynamic reciprocal association between situational, behavioral andpsychological factors. The following elements can be revealed by themodel: safety culture definition, accident causation theories, workthat determines high and low accident plant, and failures of culturalchanges programs (Curtin, 2011).
AFair and Just Culture
Fairand just culture are a principle that focuses on accountabilitywithin the healthcare, and it emphasizes on continues learning toavoid errors. Similarly, fair and just culture is developed on thebasis that simple forbidding mistakes cannot prevent them fromhappening (Curtin, 2011). Alternatively, having an idea on how eacherror took place physicians can improve safeguards and eliminate thelikelihood of future errors. Organizations that operate on fair andjust culture concentrate on learning and make attempts to improvethrough recognizing and assessing their weakness openly (Reynolds,2004).During their operation, they are willing and able to expose variousareas of their weakness just the same way they would display theirexcellence (Curtin, 2011).
MostImportant Concept among the Four
Themost significant concept among the explained theory is the fair andjust culture since it focuses on improving the services delivered tothe hospitals. Mistakes are common factors within any organization,and when an institution provides a roadmap on how to deal with theerrors, then they are likely to improve on their service offered tothe people. Additionally, fair and just culture instill the aspect ofself-monitoring and a person is willing to seek for assistance inareas that they cannot perform adequately. Similarly, staffs in suchorganizations are mindful of other workers, and they monitor theirprogress in the case of worked load the job is redistributed toensure that they maintain safety and reliability.
Accordingto Bromileyet al. (2015), accountable refers to a situation where a person isheld responsible for a particular course of action taken whenperforming a certain task. For instance, accountability is evaluatedon the relationship that exists between two or more groups wherebythe product of a single part, group or individual is assessed byanother party.
Meaningof Hindsight Bias
Hindsightbias is also called the creeping determinism or the knew-it-all-alongeffect it is a tendency of inclination immediately when the eventhas occurred to see the event been predictable despite having aminimal objective basis for predicting it. Therefore, hindsight biasimplies that people are likely to view thins to be more predictableand obvious at the instance they had occurred (Pekkinen &Aaltonen, 2015).
Healthcareis an organization that its operations are guided by a set of lawsthat are formed by common law, statutory law, administrative law, andstate and federal laws. Similarly, there are certain concepts thatwhen applied in an organization they can improve the performance theyinclude laws, Local Culture and Safety Culture Assessment of SafetyCulture and A Fair and Just Culture.
Bromiley,P., McShane, M., Nair, A., & Rustambekov, E. (2015). Enterpriserisk management: Review, critique, and research directions. Longrange planning,48(4),265-276.
Cohen,M., & Olson, K. (2016). Legalresearch in a nutshell.West Academic.
Curtin,M.A. (2011) Quality Improvement, Patient Safety & Efficiency inOutpatient Practice. Chapter 4, pages 41 to57. http://www.ashrm.org/pubs/files/Quality-Manual-Final-Links-Verified-updated-2012.pdf
Hall,S. (2010). TheRole of Risk Management in Healthcare Operations – Insurance |Employee Benefits | Surety – Parker, Smith & Feek.Insurance| Employee Benefits | Surety – Parker, Smith & Feek.Retrieved 10 January 2017, fromhttp://www.psfinc.com/articles/the-role-of-risk-management-in-healthcare-operations/
Neuberger,B. & Shoemaker, C.B. (n.d.). Thelegal basis of public health.Retrieved from Legalbasis of public health.pdf
Pekkinen,L. and Aaltonen, K. (2015) Risk Management in Project Networks: AnInformation Processing View. Technologyand Investment,6, 52-62.
Reynolds,P. P. (2004). Professional and hospital discrimination and the USCourt of Appeals Fourth Circuit 1956-1967. Americanjournal of public health, 94(5),710-720.
ShannonL. (2010). ThePurpose and Goals of Risk Management.Slideshare.net.Retrieved 10 January 2017, fromhttp://www.slideshare.net/Msfent1/the-purpose-and-goals-of-risk-management-4159859