Health Without Gaps continues to support our vulnerable population.

Differences in court opinions concerning liability for foreign objects left inside of patients during operations.

The liability of foreign objects left inside of patients during operations depends on court opinions on whether the sole responsibility of the operating instruments are for the job responsibility of either the operating room personnel or the physicians or both. The responsibility of accounting for sponges, instruments and other foreign matters may lie with both […]

Nurse’s responsibility when there is disagreement with a physician order.

When there is a disagreement with a physician’s order, a nurse should not be negligent on its medical practice. A nurse should be responsible for making complete inquiry about the accuracy and uncertainty of a physician order, in a patient’s record. For example, in the case of Louisiana of Norton vs. Argonout Insurance Co., the […]

Quality Improvement (QI) and Statistical Process Control (SPC) in Healthcare Improvement

Quality improvement (QI) practices represent a leading approach to the essential, and often challenging, task of managing organizational change. Statistical process control (SPC) is, in turn, a key approach to QI. SPC was developed in the 1920s by the physicist Walter Shewhart to improve industrial manufacturing. It migrated to healthcare, first in laboratory settings (eg, […]

Criminal Law in Healthcare: Criminal prosecution for activities carried out during the delivery of health care where no evil has been alleged?

The conditions under which healthcare providers maybe prosecuted under criminal laws are the provision of false claims; False Claims Act of 1986 prohibits knowingly presenting or causing to be presented to the government a false claim or false records or statements for payment of benefits or defrauds the government by getting a false claim allowed […]

theories of liability under which a hospital corporation can be held accountable for the actions of A) an employed physician, B) a contracted physician (e.g., Radiologist, Pathologist, or ER Physician), or C) a member of the medical staff not otherwise under contract to the hospital.

If a physician is employed by the hospital, the hospital can be held vicariously liable for the physician’s negligence. The plaintiff must show that the physician was employed by the hospital at the time of the alleged negligence and that the negligence occurred within the scope of the physician’s employment with the hospital. A negligent […]

Admissibility and Credibility of Evidence, Fact Testimony From Opinion Testimony

Admissible evidence is evidence, which can be brought forward in a court of law to support or undermine a legal case. In order to be considered admissible, evidence must meet certain standards, with the standards being especially high in criminal cases. Disputes over the admissibility of evidence often play a role in major trials, with […]

In the hospital Industry, anti-competitive conducts should safeguard good practices, encourage and protect patient choice.

“The federal government needs to revisit policies and procedures regarding anti-competitive behaviors ( i.e. behaviors against competition) in the hospital industry, in light of the dramatic merging that is rapidly developing. In particular, the prospect of large and medium-size market areas being dominated by as few as three major hospital systems—or even two—should lead the […]

Public Health Surveillance

World Health Organization. (December 11, 2010). Public Health Surveillance. Retrieved October 8, 2012 from http://www.who.int/immunization_monitoring/burden/routine_surveillance/en/       Disease surveillance is the ongoing systematic collection, merging and analysis of data and the dissemination of this information to those who need it so that action may be taken. Surveillance like this requires understanding of how public data are […]

The Role of Public Health Informatics in Enhancing Public Health Surveillance

Savel T., Foldy S. (July 27, 2012). The Role of Public Health Informatics in Enhancing Public Health Surveillance. Centers For Disease Control and Prevention. Retrieved October 7, 2012 from http://www.cdc.gov/mmwr/preview/mmwrhtml/su6103a5.htm       Several federal projects have been conducted successfully that share restricted data with other agencies and nongovernmental organizations. For example, Center for Disease Control and […]