HLT 520 Week 2 Essay Discussions 1 & 2

HLT 520 Week 2 Essay Discussions 1 & 2

HLT 520 Week 2 Essay Discussions 1 & 2

GCU HLT 520 Week 2 Discussion 1

Discuss the four components of a valid contract and apply them to a contract for the purchase of a new CT scanner with a vendor. What exactly would you put in the contract? How would you know it was legitimate? HLT 520 Week 2 Essay Discussions 1 & 2

GCU HLT 520 Week 2 Discussion 2

Since the hospital/patient relationship is considered a contract, what happens if the patient decides to disconnect from telemetry and leave the hospital for 4 hours to go get some cocaine on the street? In this situation, what would you do as a hospital administrator?

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HLT 520 Week 2 Law Suit Recommendation Paper Recent

Details:

Scenario: A physician is claiming injury and damages from a hospital that notified him they were not renewing his contract for services provided. The hospital gave him a 4-month notice and stated that they were exercising this right because they wanted the department in which the physician functioned “to go in a new direction.” The physician has filed notice of intention to sue.

1) As the hospital administrator, write a paper (750-1,000-words) that explores the options for defending the suit in court, going to arbitration, going to mediation, or structuring a settlement. Include the pros and cons of each option and end with a recommendation to your board of directors on which avenue to pursue.

2) Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.

3) This assignment uses a grading rubric. Instructors will be using the rubric to grade the assignment; therefore, students should review the rubric prior to beginning the assignment to become familiar with the assignment criteria and expectations for successful completion of the assignment

HLT 520 Week 2 Assignment Negligence Recent

Details:

Scenario: A patient had surgery and the nurse-anesthetist administered the anesthesia. The patient subsequently arrested and died while under anesthesia. An investigation concluded that the patient was not receiving the needed amount of oxygen and the nurse-anesthetist missed the changes in the vital signs until the patient was close to cardiac arrest. The surgeon initially had assisted in positioning the patient and had helped to administer some of the initial anesthetic.

1) Write an analysis (750-1,000 words) of the situation and argue whether the doctrine of “respondent superior” would cause the surgeon to have vicarious liability for the patient’s death.

HLT520 Workplace Law Scenario Analysis Example Paper

Introduction

Although individuals have the right to choose what happens to their body, corporate policies often challenge this right. Parents face scrutiny when they choose to not vaccinate their children, travel is restricted to certain countries until proof of vaccination is provided, and employees may face termination if they decline vaccines mandated by their employer. These requirements are put in place as a effort to protect the public from otherwise preventable communicable diseases – just as OSHA standards protect employees from hazardous workplace conditions. Each employer reserves the right to adopt whichever policies they believe will benefit their company. Certain policies may not align with individual beliefs, so it is up to a new employee to decide whether or not they are comfortable with these policies once they are offered a position. This paper will examine two workplace scenarios that address personal preferences that conflict with employer policies. The employer in each scenario chose to terminate the employee, so the ramifications of this decision will also be discussed.
Scenario 1
            According to a study conducted by NORC (2018) at the University of Chicago, up to 41 percent of Americans did not intend to get the Flu vaccine this past season. When asked why they did not plan to receive the vaccine, the most prominent response  (36 percent) was related to concerns about the vaccine’s side effects, and 31 percent cited concerns about getting sick from the vaccine. An additional 31 percent claimed they never fall ill with the flu, so they did see a reason to get vaccinated. In scenario 1, Nurse Deb declined the vaccine although her employer stipulated that this was an annual requirement to continue employment. As a result of her defiance, the Nurse Manager terminated Nurse Deb. Out of retaliation, she decided to file a wrongful termination suit against the hospital in which she was previously employed.

Legal Implications

The Director of Nursing is ultimately responsible for all policy enforcement actions, amongst other responsibilities. In this scenario, it would be wise to consult with Nurse Deb to understand her reasoning behind not wanting the vaccine. Foregoing vaccines is often frowned upon in society, but some individuals choose to not be vaccinated as a result of a health condition. “An employee who refuses vaccination because of a reasonable belief that he or she has a medical condition that creates a real danger of serious illness or death (such as serious reaction to the vaccine) may be protected under Section 11(c) of the Occupational Safety and Health Act (OSH Act) of 1970 pertaining to whistle blower rights” (OSHA, 2009). If Nurse Deb could prove that the vaccine poses a risk to her overall health, she would potentially win her lawsuit thanks to this statute. She could also potentially win the lawsuit if she can prove vaccinations go against her religious beliefs.

According to the Centers for Disease Control and Prevention’s recommendations, The Occupational Safety and Health Administration (OSHA) created guidelines for employers to assist them in the development a plan that would minimize transmission of a virus such a the flu from spreading. Most employees in the United States work at will, meaning they can be fired for any reason, at any time, as long as the reason for firing is not illegal (such as race or gender discrimination or retaliation for filing a discrimination complaint) (Guerin, 2018). Considering Nurse Deb (presumably) read and signed an employment contract that contained the flu shot requirement, her termination would be valid based on a breach of contract. If this were true, Nurse Deb would not win her case, and other employees who share in her beliefs without meeting either of the excusable conditions would be faced with either remaining employed or following the same fate. If more employees opt to not receive the vaccine, it would potentially place everyone in the hospital – staff, physicians, and patients – at risk for contracting the potentially deadly virus. It would be in the Director’s best interest to address the flu shot requirement with all potential new hires in the future to ensure their willingness to comply with this policy prior to being hired.

Scenario 2
            OSHA requires that employers protect their employees from hazards in the workplace that can cause injury (OSHA, 2018). When workplace practice and administrative rules do not provide sufficient employee protection, employers must provide personal protective equipment (PPE) to their employees and ensure its proper use. PPE is equipment worn to minimize exposure to a variety of hazards (OSHA, 2018). Some examples of PPE include gloves, foot and eye protection, protective hearing devices (earplugs, muffs, etc.) hard hats, respirators and full body suits. In Scenario 2, Joe Gomez of Premier Hospital witnessed his manager working on a potentially hazardous HVAC system without wearing proper PPE. Without PPE, Joe’s manager was potentially exposed to highly contagious viruses. This not only placed his manager in danger, but everyone around him as well because he could have become a vector for illness throughout the hospital. Out of concern for his manager’s safety (and for the safety of everyone within the facility), Joe reported this activity to his employer’s Compliance Officer, which resulted in his unlawful termination.

The Whistleblower Policy

Section 11(c) of the OSH Act – commonly referred to as The Whistleblower Policy – protects those who are considered to be whistleblowers. A whistleblower is defined as “an employee who reports an activity that he/she considers to be illegal or dishonest to one or more of the parties specified in this Policy” (SHRM, 2016). The whistleblower is expected to notify appropriate management officials immediately so that an investigation can take place. Although Joe followed protocol, his direct supervisor terminated his employment without just cause. If Joe was a member of a workplace union, this would not have occurred as easily. Nonunion employees are typically hired “at will,” meaning they can be fired for any non-discriminatory reason. Union employees can only be terminated for “just cause,” and the misconduct must be serious enough to merit such action. Before an employee can actually be fired, he or she can go through a grievance procedure, and if necessary, arbitration (Keller, 2012). Whistleblowers cannot legally be fired for following protocol in either scenario. It would be in the best interest of Premier Hospital’s CEO to offer Joe is original position back and to reprimand Joe’s supervisor for taking retaliatory action against Joe. Appropriate disciplinary actions for his supervisor can include verbal or written warnings, probation, or even termination for violating procedure and abusing his position.

Conclusion
            Workplace law aims to protect employees, employers, and those affected by each party’s actions by establishing strict guidelines for procedures performed in the facility. Healthcare professions pose additional risks due to increased exposure to communicable diseases. Many employers require their employees to get certain vaccines every year, which may go against their personal preferences. Exceptions are permitted as long as certain parameters are met, because additional protective measures are frequently used. PPE in hazardous conditions is one such measure. Compliance officers are ultimately responsible for ensuring that protective equipment is used properly. It is the responsibility of other employees to notify the Compliance Officer if an employee is found to be in violation of PPE policy. Under no circumstances should the reporting employee be concerned about retaliation for raising an issue. The Whistleblower Policy shields reporting employees from retaliation, just as workplace law shields employees and patients in the healthcare setting from unnecessary pathogen exposure. Both employees in the Scenarios examined in this paper exercised their rights under workplace law and should be allowed to return to their previous jobs without reprimand.

References

  1. Guerin, L. (2018). Forcing Flu shots, employees and health at work. Retrieved from: https://www.lawyers.com/legal-info/labor-employment-law/human-resources-law/forcing-flu-shots-employees-and-health-at-work.html
  2. Keller, L. (2012). The pros and cons of union jobs. Retrieved from: https://www.bankrate.com/finance/personal-finance/ pros-cons-union-jobs-1.aspx
  3. NORC. (2018). 41 Percent of Americans do not intend to get a flu shot this season. Retrieved from: http://www.norc.org/NewsEventsPublications/PressReleases/ Pages/41-percent-of-americans-do-not-intend-to-get-a-flu-shot.aspx
  4. OSHA. (2009). OSHA’s position on mandatory flu shots for employees. Retrieved from: https://www.osha.gov/laws-regs/standardinterpretations/2009-11-09
  5. OSHA. (2018). Personal Protective Equipment. Retrieved from: https://www.osha.gov/Publications/osha3151.pdf
  6. SHRM. (2016). Whistleblower Policy. Retrieved from: https://www.shrm.org/resources andtools /tools-and-samples/ policies/ pages/cms_007814.aspx
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