MH0058 – Legal Aspects in Healthcare Administration

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ASSIGNMENT

DRIVE	FALL 2015
PROGRAM	MBA (Sem 4), MBADS (Sem 4 / Sem 6), PGDHSMN (Sem 2)
SUBJECT CODE & NAME	MH0058 – Legal Aspects in Healthcare Administration
SEMESTER	4
BK ID	B1322
CREDITS	4
MARKS	60

Note: Answer all questions. Kindly note that answers for 10 marks questions should be approximately of 400 words. Each question is followed by evaluation scheme.

Q1.What is professional secrecy? Discuss the exceptions to the rule of confidentiality.

Answer : Someone who is bound by professional secrecy cannot tell anyone what has been entrusted to him or what he has found out in the execution of his duties.The oath of secrecy of medical doctors, lawyers, notaries etc. can be lifted by a judge in view of the common good. The professional secrecy of a Roman Catholic priest, including the secret of the confessional, cannot be lifted by a judge (only by the Pope). Student Chaplain Mark-Robin Hoogland cp is a Roman Catholic priest. Hence he is not accountable to the University or anyone as for the content of the conversations.

Q2.Explain the following concepts:

a. Accountability to patients

Answer : Comprising physicians from around the state and numerous specialties, and including legal experts and patient safety advocates from the consumer and hospital arenas, the Workgroup has crafted a long-term strategy to achieve these ends:

Goal:

To pursue as a high priority and as an important component of health care reform, the re-design of patient safety systems through approaches that unify all stakeholders in health care delivery and make Colorado the safest state in the nation in which to receive medical care.

b. Vicarious liability 5+5=10 marks(350-400 words)

Answer : Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondent superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in

Q3 .Which are the 3 types of inquest’s in India ? Explain.1+9=10 marks(350-400 words)

Answer : An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death.[1] Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coroner or medical examiner. Generally, inquests are only conducted upon deaths which are suspicious, due to violence, involving law enforcement officials, or of persons held

4. Define abortion. Explain medical termination of pregnancy act in detail.

Answer : Abortion is the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability.[ A abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced. The term abortion most commonly refers to the induced abortion of a human pregnancy.

Abortion, when induced in the developed world in accordance with local law, is among the safest procedures in medicine.

 Medical Termination of Pregnancy Act (MTP)

Q.5 Explain medical negligence. List the various rights and responsibilities of the patient.

Answer : WHAT IS MEDICAL NEGLIGENCE?

The medical profession is considered a noble profession because it helps in preserving life. We believe life is God given. Thus, a doctor figures in the scheme of God as he stands to carry out His command. A patient generally approaches a doctor/hospital based on his/its reputation. Expectations of a patient are two-fold: doctors and hospitals are expected to provide medical treatment with all the knowledge and skill at their command and secondly they will not do anything to harm the patient in any manner either because of their negligence, carelessness, or reckless attitude of their staff.

6 Discuss the important documents and ethical codes in medical ethics.

Answer: Important documents in medical ethics :

There are various medical records which are important according to the codes of medical ethics. These need to be well organized and up to date. The most common types of medical records that needs to be maintained are :

• Patient History and Physical examination report
• Consultation report

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