Healthcare Enterprise Liability and Regulation

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M 4: US Healthcare Enterprise Liability and Regulation Forum Module 4: US Healthcare Enterprise Liability and Regulation Forum Instructions: Members in Group 1 must post their written answers to each of the five questions below along with an OP-ED piece based on the current event commentary that follows the five questions. An opinion-editorial (“Op-Ed”) piece should be an educated opinion based on your readings and at least one outside authoritative source (electronic or print). It responds to the questions raised withing the current event commentary. There is no correct or incorrect answer. Five Short Answer Questions (< 300 Word Answer per Question): 1. What type of business association do health care institutions frequently elect, and please identify at least two legal reasons for their selecting this business model? 2. What are the committees that a hospital governing board oversees (Remember, hospitals support two major governance frameworks administration and medical staff)? 3. What is credentialing and how does the process apply to a hospital’s medical staff? 4. What is vicarious liability and how might ostensible agency and respondeat superior apply in hospital setting? 5. What are legal theories of liability for hospital corporation negligence? Current Event Commentary (< 300 Words): Please read the following blog piece by Alex Stein, ‘CAVEAT HOSPITIA: Suits Alleging Negligent Credentialing Against Hospitals Get Exemption from Tort Reform,’ Bill of Health, Harvard Law, 10 June 2017, http://blogs.harvard.edu/billofhealth/2017/06/10/caveat-hospitia-suits-alleging-negligent-credentialing-against-hospitals-get-exemption-from-tort-reform/. This article’s title is a pun on the commercial law doctrine known as caveat emptor or “let the buyer beware.” This doctrine puts the legal onus on the buyer to reasonably inspect and take responsibility for existing conditions, especially defects. In the article, the author outlines recent decisions within Louisiana regarding the negligent credentialing sounding in ordinary negligence rather than medical negligence law and the LA medical malpractice statute, which has significant implications for hospitals and their administrators

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