ORGANIZATIONAL LIABILITY AND INDIVIDUAL PRIVACY

ORGANIZATIONAL LIABILITY AND INDIVIDUAL PRIVACY

Capazzola, D. D. (2016). Medication mix-up leaves 51-year-old patient with permanent brain damage after heart surgery. Healthcare Risk Management, 38(1). Retrieved from the Trident Online Library.

Emily Bryne v. Avery Center for Obstetrics and Gynecology, P.C. (SC 19873) (2018). Retrieved from  https://jud.ct.gov/external/supapp/Cases/AROcr/CR327/327CR110.pdf

Garruba, T. (2014). 5 ways health data breaches are far worse than financial ones. Healthcare IT News. Retrieved from  https://www.healthcareitnews.com/news/5-ways-health-data-breaches-are-far-worse-financial-ones

HHS Office for Civil Rights. (2013). Summary of the HIPAA Security Rule. Retrieved from  https://www.hhs.gov/hipaa/for-professionals/security/laws-regulations/index.html

Harris, D. M. (2014). Protecting the privacy of medical information. In Contemporary Issues in Healthcare Law & Ethics (pp. 97-123). Chicago, IL: Health Administration Press. Retrieved from the Trident Online Library.

Showalter, J. S. (2020). Liability of the healthcare institution. In The Law of Healthcare Administration (9th Ed., pp. 243-273). Chicago, IL: Health Administration Press. Retrieved from Trident Online Library.

Snell, E. (2018). CT Supreme Court rules patients can sue over PHI disclosure. Health IT Security News. Retrieved from  https://healthitsecurity.com/news/ct-supreme-court-rules-patients-can-sue-over-phi-disclosure

Tovino, S. A. (2016). Teaching the HIPAA Privacy Rule. Saint Louis University Law Journal, 61, 470-480 ONLY. Retrieved from  https://scholars.law.unlv.edu/cgi/viewcontent.cgi?article=2052&context=facpub

ORGANIZATIONAL LIABILITY AND INDIVIDUAL PRIVACY

Assignment Overview

Researchers at Johns Hopkins University (Makary & Daniel, 2016) found that at the time of their study, medical errors accounted for the third leading cause of death in the United States. Medication errors are included in this. In Module 2 we explored individual liability. In Module 4 we examine organizational liability.

Makary, M., & Daniel, M. (2016). Medical error—the third leading cause of death in the US. BMJ, 353.

Homework Case Assignment

Capazzola, D. D. (2016). Medication mix-up leaves 51-year-old patient with permanent brain damage after heart surgery. Healthcare Risk Management, 38(1). Retrieved from the Trident Online Library.

Read the article above by Capazzola. After reviewing this and other background readings, and doing independent research, address the following:

1. What are the details of the case described by Capazzola?

2. What was the decision of liability made by the court?

3. While the article does not state the specific legal grounds for decision, why do you think that the hospital was found partially liable? Be sure to specifically discuss forms of organizational liability reviewed in the textbook.

4. What safeguards could be put in place to reduce the risk of future error, and thus hospital liability?

Assignment Expectations

1. Conduct additional research to gather sufficient information to justify/support your analysis.

2. Limit your response to a maximum of 4 pages (title and reference page is not included in page number count).

3. Support your paper with peer-reviewed articles, with at least 3 references. Use the following link for additional information on how to recognize peer-reviewed journals: Angelo State University Library. (n.d.). Library guides: How to recognize peer-reviewed (refereed) journals. Retrieved from  https://www.angelo.edu/services/library/handouts/peerrev.php

4. You may use the following source to assist in formatting your assignment: Purdue Online Writing Lab. (n.d.). General APA guidelines. Retrieved from  https://owl.english.purdue.edu/owl/resource/560/01/

5. For additional information on reliability of sources, review the following source: Georgetown University Library. (n.d.). Evaluating internet resources. Retrieved from  https://www.library.georgetown.edu/tutorials/research-guides/evaluating-internet-content

6. This assignment will be graded based on the content in the rubric.