The case of Simkins v. Moses H. Cone Memorial Hospital was a case that attempted to end the segregation of African-American and Whites in the U.S. hospitals and medical professions as a whole. The case challenged the use of public funds to maintain and expand the segregated hospital care in the United States. Source of the laws related to the case are:
Title VII of the Civil Rights Act of 1964,
The Hill-Burton Act (Hospital Survey and Construction Act) of 1946.
The executive, legislative and judicial branch of government played important roles in the case. The judicial branch of government interpreted the law and declared the case in favor of Simkins. The legislative branch of government passed the Civil Rights Act of 1964 to end all form segregation in the United States while the executive branch of government implemented the Acts. The concept of the case affected the judicial decision because the case gave birth to the Civil Rights of 1964, which was a landmark, outlawed all forms of discriminations against racial, national, ethnic, minorities and women. The Act ended all form discrimination in the hospitals and workplace. The Act also plays an important role in judicial ramifications because it will assist lawyers to quote the Act in defend of cases involving discrimination. Additionally, Hill-Burton Act was designed to enhance equal facilities in the hospitals for all races in the U.S. hospitals. (Reynolds, 1997).
"Woodyard, Insurance Commissioner v. Arkansas Diversified Insurance Co."
Health insurance in the United States originated from the Blue cross system that covered a pre-set amount of hospitalization costs for school employees and other employees in the United States. Blue Cross plan was developed to complement the traditional method of paying for healthcare. The Blue Cross plan is referred as indemnity plan because it reimburses patients medical expenses. On the other hand, hospital and medical service corporations are the corporations organized under the law to establish and operate non-profit medical and health service. Under the title 27 chapter 19, 19.2 and of 20 of the General laws, the Blue Cross is a non-profit hospital and medical service organizations. The corporations fall into healthcare system because the corporation provides the related services being delivered by hospitals, physicians and other health service. People who subscribes to the services of the corporation are entitled to certain medical or hospital services. Its unique characteristics are that it contracts physicians and doctors to deliver health services for a fee. For example, HMO (Health Maintenance Organization) provides contracts to independent physicians and doctors who agree to deliver health services to member for a fee. (High Beam, 2013).Moreover, the hospital and medical service corporations enter into a contact with physicians based on their specialties. This type of deal will be good for my loved ones because it will assist us to receive medical services for low fees since a hospital and medical service corporation is a non-profit organization.
The 20th century was between January 1, 1901 and December 31, 2000. Major health reforms during 20th century are as follows:
NHI (National Health Insurance) the New Deal: 1934-1939,
NHI and the Fair Deal: 1945-1950,
The Great Society: Medicare and Medicaid: 1960-1965,
Competing NHI Proposals: 1970-1974,
Cost-Containment Trumps NHI: 1976-1979,
The Health Security Act: 1992-1994.
Under NHI (National Health Insurance) the New Deal of between 1934 and 1939, worker and unemployed formed a group and called for government-sponsored health program. The activities made President Roosevelt to appoint a committee to address medical care and health insurance issue. The committee recommended the NHI, which made the government to pass Social Security bill into law known as Social Security Act. The Great Society: Medicare and Medicaid between 1960 and 1965 was one of the three efforts at reaching health reform in the 20th century. It was a grassroots mobilization for a Medicare. Health reformers were articulating a plan to enhance medical coverage for elderly people. And the activities of civil rights in 1960 made politicians to support Medicare as part of Johnson's war on poverty. Since Americans were highly sympathetic towards elderly people, the Medicare became part of Social Security Act in 1965. The Health Security Act of 1992-1994 was a Clinton health plan to improve the health of American based on the outcry that many Americans were losing their health benefits. Clinton Health insurance Act called for a universal coverage of alliance between employers and private insurers to keep the health costs down.
Affordable Health Care Act
The Affordable Healthcare Act was a bill by Obama Administration in 2009 to reform the U.S. healthcare system. However, Affordable Healthcare Act never became law; the Senate passed a different bill named "Medicare Beneficiaries and Pension Relief Act of 2010." The reforms that have been successful were the:
a subsidy to low and middle-income earners to assist them to buy insurance,
Expansion of Medicaid to household earning $33,000 yearly,
Increased taxes on family with income greater than $1 million,
As an healthcare administrator, the reforms that have been successful was a stepping stone towards expanding healthcare to the low income people in the United States and increase of taxes on high income earners is to bridge the gap between the rich and low income earners.
Termination of a Hospital in-patient and Physician
Termination of contract between an in-patient and physician refers to a case where a patient or physician ends the medical relationship. The physician's duty is to arrange the patient's care with another healthcare provider. However, in a case where only one physician is available to deliver the healthcare, the termination of the contract may not be possible. As an administrator, I will advice the patients that a patient-physician relationship is an implied contract and termination of the contract may affect the patient if the hospital is not able to get another healthcare provider to continue the treatment. In all case, a physician is legally responsible to ensure that patients receive the best treatment.
Physician Susceptible to Strict Liability vs. Negligence.
Negligence is a wrongful act and a negligently occurs if a physician departs from a professional conduct that a reasonable person would not have done. Negligence in the medical profession occurs when a physician deviates from "the standard of care accepted in the medical profession, and that the deviation is the actual or proximate cause of their injury, in order to prevail in a civil suit for damages." (Chen, 2013 P13). On the other hand, a physician could be liable to a wrongful act if he or she prescribes an unauthorized drug that the Food and Drug Administration (FDA) does not approve. A physician could be liable to an act if he uses a contaminated instrument for patients. Under the law, a physician could be asked to pay compensatory damages due to act of negligence.
Medication by an unfamiliar Physician
In this case, the breach of contract will be easier to prove because before a physician should be allowed to prescribe a medication for patients, he or she ought to have passed through an accredited medical school and be qualified to prescribe medications for patients. In a case where a physician prescribes a medication that causes severe reaction, the physician has committed act of negligence because he has committed an act that a medical professional should not have committed.
Physician using a Different Procedure for Treatment
A physician using a different procedure from the one he promised to use may not be liable for breach of contract if the procedure he used was in accordance with professional healthcare standard, will improve the health condition of patients, and will not put a patient's health at a risk. However, such action may place a medical facility at risks because it may be opened to the public that the hospital does not have adequate medical facilities. The hospital should immediately improve its medical facilities to protect itself.
Importance of a thorough understanding of the Legal Liability
Thorough understanding of legal liability is important because it will make a physician to understand his obligations under the law. The understanding will assist a physician to implement professional standard in the care of duty. When coming across a legal issue that I do not understand, I will seek for an advice from a legal practitioner competent in the legal issue.
"Differentiation between Corporate Liability and Liability under Respondent Superior"
Corporate liability occurs when a corporate organization as a legal person is liable for wrongful act. On the other hand, liability under respondent superior occurs when a principal or employer is held legally responsible for a wrongful act. In each case, expert testimony might be needed to serve as a witness in the court.
Authority to admit a Patient to the Hospital
A physician is only the healthcare professional who has authority to admit a patient to the hospital. However, in the healthcare policy, hospitals should admit a patient with a critical health condition and requiring an urgent…
Sources Used in Document:
American Medical Association (2012). Opinion 9.031 - Reporting Impaired, Incompetent, or Unethical Colleagues.USA.
Chen, B.K. (2013). Strict Liability for Medical Injuries? The Impact of Increasing Malpractice Liability on Obstetrician Behavior. Stanford University.
Reynolds, P.P. (1997). Hospitals and Civil Rights, 1945-1963: the case of Simkins v Moses H. Cone Memorial Hospital.. Annals Of Internal Medicine [Ann Intern Med] . 126 (11): 898-906.
High Beam (2013).Hospital and Medical Service Plans. Cengage Learning.