Civil and Criminal Law in Healthcare: Memorandum

This assessment’s HRM healthcare challenge examines civil and criminal issues that may be implicated in a scenario at Vila Health. It is of vital importance for HR professionals to be made aware of situations surrounding patient care and to understand the basics of civil and criminal law in this context in order to create processes and procedures that mitigate serious issues.

Healthcare HR professionals must always stay current with organizational happenings and be well-versed in their thinking about legal actions that may occur. It is of vital importance to understand the basics of criminal law in the context of healthcare to create processes and procedures that mitigate the occurrence of serious issues in the workplace.

HRM Healthcare Challenge

In an incident this morning at one of Vila Health’s healthcare facilities, a pediatric patient was accidentally given the wrong medicine and suffered an adverse effect for five hours. The child recovered fully but the family is very upset. Silvia Reed, Director of Human Resources, has reached out to you. She is going to discuss the issues surrounding this mistake with the family after discussions with legal counsel later today. Ms. Reed wants you to provide her with a memorandum outlining what civil and criminal issues may be implicated in this case so she may have an informed discussion with an attorney for the organization.

Using course resources and your own research, include the following in your memorandum to your supervisor:

· Analyze HR practices and healthcare systems which support legal compliance in this scenario.

· What kind of information will be needed in interviews from the doctor, nurse, and pharmacist?

· Create a list of questions for counsel which address potential civil issues resulting from this patient’s care.

· Identify civil law in your response, including parties, burdens of proof, and possible penalties.

· Create a list of questions for counsel which address potential criminal issues resulting from this patient’s care.

· Identify criminal law in your response, including parties, burdens of proof, and possible penalties.

The deliverable for this assessment applies professional skills in HRM to workplace situations that you will likely encounter in your day-to-day work. As part of your learning, we focus on the development of effective professional communication skills for the workplace. Your assessment should meet the following additional requirements:

·
Length: Your memorandum should be 3–4 typed, double-spaced pages, plus the cover and resources pages.

· The first page should be a cover sheet with your name, the course number, assessment title, and date. No other information is required on this page.

· The last page should be the reference list.

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Organization: Make sure that your assessment writing is well organized, using headings and subheadings to organize content for the reader.

·
Font and font size: Times New Roman, 12 point.

·
Resources: Use three references (may include the optional textbook) and include both trade publications and peer-reviewed articles.

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Evidence: Support your assertions with data and/or in-text citations.

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APA formatting: Resources and in-text citations are formatted according to current APA style and formatting (see

Evidence and APA
Campus page).

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Written communication:

· Address the appropriate audience, using familiar, discipline-specific language and terminology.

· Articulate meaning relevant to the main topic, scope, and purpose.

· Use spell-check and other tools to ensure correct spelling and grammar.

Review the Civil and Criminal Law in Healthcare Memorandum scoring guide before submitting to ensure that you have met the expectations of this assessment.

Portfolio Prompt: You should consider adding this assessment to your personal ePortfolio. This assessment demonstrates your ability to analyze and write about HR practices in healthcare systems which support legal compliance. This skill is necessary in a professional setting when you are trying to make recommendations. You will want to organize your assessments to easily support future reflection and to showcase your knowledge with employers after graduation. For more information on ePortfolio, visit the Campus

ePortfolio
page.

By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies:

· Competency 1: Assess how the regulatory environment, the industry structure, and payer systems influence the delivery of health care.

· Create a list of questions for counsel which address potential civil issues resulting from this patient’s care.

· Create a list of questions for counsel which address potential criminal issues resulting from this patient’s care.

· Competency 2: Evaluate practices, policies, and systems used to guide HR in ethical, legal, and regulatory compliance.

· Analyze HR practices and healthcare systems which support legal compliance in this scenario.

· Competency 4: Communicate in a manner that is consistent with expectations for human resource professional in health care.

· Address the appropriate audience, using familiar, discipline-specific language and terminology.

· Articulate meaning relevant to the main topic, scope, and purpose.