What consequences generally ensue if a legally competent adult is treated without consent and an adverse event occurs?

(APA 6th edition) Your answer should be well formed, and should reflect any life experience you have had with health care systems.

Pozgar, G. D. (2016). Legal and ethical issues for health professionals (4th ed.). Sudbury, MA: Jones and Bartlett
Publishers. ISBN: 978-1-284-03679-4

HCA 430 Module 6 AVP Transcript
The Organizational Structure of Ethics and the Law includes:
Sole proprietorships
Partnerships
Corporations
Described under the laws in which a corporation is chartered
The Organizational Structure of Ethics and the Law also includes:
Described in a corporations articles of incorporation
Kinds of Authority
Express Corporate Authority
Implied Corporate Authority
Ultra Vires Acts
Respondeat Superior
A legal doctrine holding employers liable for wrongful acts of their employees
Doctrine also referred to as vicarious liability
The Organizational Structure of Ethics and the Law includes:
Masterservant relationship must exist between employer and employee
Wrongful act of employee must have occurred within scope of employees employment
What is an Independent Contractor?
Relationship established when principal has no right of control over manner in which agents
work is to be performed
Independent contractor responsible for his or her own negligent acts
Corporate Negligence
Corporation fails to perform duties it owes directly to a patient and patient is injured
Corporate Responsibility includes:
Appointment of CEO
Medical Staff Appointments
Allocation of Scarce Resources
Compliance with Rules and Regulations
Compliance with JCAHO Standards
Corporate Responsibility also includes:
Provision of Timely Treatment
Protect Patients from Professionals Incompetence
Conflict-of-Interest
Provision of a Safe Environment
Prevent Health Care Fraud
Health Care Fraud includes:
Billing for services not performed
Falsifying records to perform unnecessary medical procedures
Misrepresenting procedures performed to obtain payment for non-covered services
Health Care Fraud also includes:
Upcodingbilling for a more costly service than the one actually performed
Unbundling-billing each stage of a procedure as if it were a separate procedure
Accepting kickbacks for patient referrals
How can Fraud be prevented?
Appoint compliance officer
Communicate organizations compliance program
Provide monitoring and auditing systems to detect criminal conduct
Publicize reporting system
How else can fraud be prevented?
Take appropriate steps to respond to criminal conduct
Periodically review and update compliance program
Work with regulatory agencies detect, prevent and prosecute fraud

Perspective
Most individuals depend on a well-developed personal value system. Health care organizations have a formalized code of ethics to regulate behavior of the members and to boost the level of competence and standards of care.

Health care corporations have certain powers expressly or implicitly granted to them by state statutes, and their organizational ethics are carefully scrutinized by state and federal regulatory agencies. Moreover, they have certain responsbilities to their patients and the public in general.

Health care organizations have witnessed major events that have impacted the health care industry: rising costs of care, increasing fraud and abuse, false advertisement, and fraudulent reimbursement schemes. As a result of these, the government has passed laws to control these types of illegal conduct.