Managed Care Case Study

Question 12. Legal issues that apply to and regulate managed care.

The Doctrine of Res Ipsa Loquitor – negligence can be suggested when there are issues where evidence of negligence or wrongdoing is not present (Thorton). This regulates the managed care since such negligence can be present in any healthcare industry and it is of great importance that the staff will have knowledge to this. There are actually three situations wherein healthcare personnel negligence can be proven without specific conduct. These are the following: 1.That the injury to the patient will not normally happen, however, it may when there is a negligent in the part of the staff. 2. That the injury to the patient was because of an agency which the defendant is control

It means that no person and in this case healthcare personnel will not be responsible for any events or situations that are unforeseen. Situations such as natural disasters like floods and earthquake, fire, and some events like accidents under this doctrine (“Publications/Veneble Mobile Site”). During these events, the healthcare staffs are not to hold negligent. The force majeure clause is also a contract provision that sets the person or persons free from performing their responsibilities and obligations when there are certain events that are beyond their control which makes their obligations impossible, impractical, illegal and inadvisable. This is very significant in managing the care of their patients since in the event of fires or any other disasters; they cannot save every patient without risking their own lives. The Doctrine of Force Majeure protects the healthcare staff from those clients and family that will blame them for not saving their life or their patient’s life. They need to understand that they cannot save everyone in time of disasters and they will not be held liable if they can save every patient in their

Whether it is written or spoken, it is still defamation. Slander is oral defamation and Libel is defamation written in words (“Intentional Tort – Definition, Types, Examples And Cases”). The exchange of conversation between two people, may it be a heated discussion will not be considered as defamation. There should be a third person who just heard all the conversation that took place or has read the comments, then, this will be defamation. The healthcare staff should be careful with their co-workers since there statement can be used as evidence when the action of an individual towards a patient is seen and heard by that co-worker. There are times that oral or written defamation can be used also against other