Anti Trust in Health Organizations Essay
Anti Trust in Health Organizations Essay
Anti Trust in Health Organizations Essay
You are a manager with 5 years of experience and need to write a report for senior management on how your firm can avoid the threat of a Federal Trade Commission investigation if you were to merge with other health care organizations. Research on your own to select a health care organization in the United States that has been charged with an antitrust action within the last five years and use this information as the basis for your paper. In your report
· Summarize the charges and rebuttal or mitigation of charges used by the health care organization you researched.
· Discuss lessons learned and propose actions that can be taken by your management to avoid similar anti- trust actions in your proposed merger.
Your paper must include an introduction, thesis, and conclusion. Your paper must be four to five double-spaced pages in length
(excluding title and reference pages) and formatted according to APA style as outlined. Utilize three scholarly and/or peer-reviewed sources (excluding the course text) that were published within the last five years. Cite your sources within the text of your paper and provide complete references for each source used on the reference page.
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Text book: Cleverley, W. O., Song, P. H., & Cleverley, J. O. (2011). Essentials of health care finance (7th ed). Sudbury, MA: Jones & Bartlett Learning.
Medical profession has its own ethical parameters and code of conduct. However, negligence by doctors has to be determined by judges who are not trained in medical science. They rely on experts’ opinion and decide on the basis of basic principles of reasonableness and prudence. There is often a thin dividing line between the three levels of negligence; lata culpa, gross neglect; levis culpa, ordinary neglect; and levissima culpa, slight neglect.[1] The level of negligence depends on the entire context – which includes the place, the time, the individuals involved, and the level of complications. The difference between medical negligence and medical error is well-settled, and the principles are well-founded being clearly laid down in numerous cases by the Supreme Court.[2] Thus, there is a need to appreciate this differentiation by the society so that doctors do not get indicted for impractical reasons.
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The duties which a doctor owes to his patients are a duty of care in deciding whether to undertake the case, a duty of care in deciding what treatment to give, and a duty of care in the administration of that treatment.[3] A breach of any of these duties gives a right of action for negligence to the patient. A doctor should know that the plaintiff (patient) in order to succeed in the action of establishing negligence must show that the damage would not have occurred but for the defendant’s (doctor) negligence; or the defendant’s negligence materially contributed to or materially increased the risk of injury; or if the claim is for negligent nondisclosure, had he/she been adequately informed he/she would not have accepted the treatment.[4]
A victim can seek any of the following actions against a negligent medical professional.[5] Compensatory action: Seeking monetary compensation before the civil courts, high court or the consumer dispute redressal forum under the constitutional law, law of torts/law of contract, and the Consumer Protection Act. Punitive action: Filing a criminal complaint against the doctor under the Indian Penal Code (IPC). Disciplinary action: Moving the professional bodies like Indian Medical Council/State Medical Council seeking disciplinary action against the health-care provider concerned. Recommendatory action: Lodging complaint before the National/State Human Rights Commission seeking compensation.
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