Question

Discuss the governing body's decision-making authority. Explain what an ulta varies act is.

Describe the important aspects of a code of ethics for organizations.

Discuss the various forms of professional misconduct discussed here..

Describe the duties and responsibilities of health care organizations and how the failure to adhere those duties and responsibilities can result in both legal and ethical issues.

Answer 1

Ans)A typical health care organization is incorporated under state law as a for-profit and not-for-profit organization. The organization has a governing body which has the responsibility of making the decisions for the organizations and ensuring operation and management of day-to-day responsibilities. Members of the governing body have both express and implied corporate authority. Express corporate authority is the authority to act form the laws of the state. Implied corporate authority is the authority to perform any and all acts that are deemed necessary to exercise an organization's expressly conferred authority.

- Ultra vires of a governing body In English cases, the phrase is applied both to the acts which simply exceed the powers conferred by the „deed of settlement‟ upon the officer as the agents of the shareholders and acts which transcend the power conferred by law upon the entire corporation.

- A code of ethics document may outline the mission and values of the business or organization, how professionals are supposed to approach problems, the ethical principles based on the organization's core values, and the standards to which the professional is held.

- Unprofessional conduct continues to exist within the health care realm. Trust and integrity is discussed in this chapter. Organizations must encourage patients to as questions about their healthcare services and to ask for a second opinion.

The next issue discussed is false advertising. False advertising could be anything from lying about accreditation scores to encouraging public confidence in quality of care. The next issue is concealing mistakes. The Joint Commission requires that patients are informed when a mistake, so unprofessional conduct occurs when a health care provide attempts to cover up the mistake.

- Corporate negligence is the failure to perform duties owed directly to a patient or to anyone else that may be owed a duty. If corporate duty is breached and a patient is injured, the organization can be held liable for the actions (theory of corporate negligence). Respondeat superior (vicarious liability) is where an employer is answerable for the torts committed by its employees. Independent contracts are responsible for their own negligent acts.

- Health care organizations have the responsibilities to appoint a CEO, credentialing, appointments, and privileging of professional staff. They are responsible for providing adequate staff, supplies, and equipment. They are required to comply with rules, regulations, and accreditation standards. They should avoid conflicts of interest, provide a safe environment, and protect patients and staff from sexual assault. If an organization fails to comply with these duties and responsibilities, they can be have civil liability and in some cases face criminal prosecution.