Ethical and Legal Perspectives in Essay

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A deposition is "conducted by parties to a legal action to obtain information that cannot as readily be learned through written records or general investigation. During a deposition, the lawyer for one side orally questions a witness on the opposing side. In addition to the defendants named in a lawsuit being deposed, others called to deposition can be fact witnesses" (Preparing for a deposition, 2011, World Law). Above all, preparation is an essential component of preparing for a deposition. Before entering into the deposition the administrator should consult with the attorney about the specifics of the case and the law as they pertain to the issue at hand. Answers should not be memorized to likely questions, but the administrator should be aware of key talking points he or she wishes to communicate.

References

Meyer, C. (2013). Discovery. About.com. Retrieved:

http://divorcesupport.about.com/od/yourlegalrights/ss/discovery_prose.htm

Preparing for a deposition. (2011). World Law. Retrieved:

http://www.worldlawdirect.com/article/1020/preparing-deposition.html

Second student

During such a deposition, the critical component is that all members of the hospital involved in the process are on the 'same page' in terms of what they agreed happened to the patient when she sustained the fall. Before the formal deposition in front of opposing counsel, members of the hospital staff should discuss the incident with those who witnessed the incident and persons responsible for the patient's care. For the testifying administrator, he or she should become comfortable with the facility's version of the facts and brief him or herself of the relevant laws and policies which might arise as topics during the hearing. In an effort to 'expect the unexpected' the story the opposing side is likely to present should also be subject to review. Ideally, under the circumstances it is better to be more thorough in presenting supporting documentation, but it is also important not to say too much in a way that could lend support to the other side's version.

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Part C. Your opinion on those two questions and what have learned from them

Opinion:

The recent provisions of ARRA strengthening the HIPAA were vitally necessary. It was recognition that sensitive data has been increasingly disseminated in our society across a wide cross-section of parties (Health care reform and health it stimulus: ARRA and HITECH, 2009, AHIMA). It is important that people on all administrative levels of the healthcare industry protect patient privacy and are held accountable for what transpires regarding the data they use. Healthcare consumers must feel confident that all entities dealing with their information are encrypting the data appropriately, ensuring that it is seen by the minimal number of persons, and is being used for their benefit, not for the profits of others.

Regarding the question of the legal issues presented by the administrator of an extended care facility after a fall, while it is important for the facility to defend itself against the allegation, it is equally important to remember that such charges will be inevitable, and that appropriate guidelines must be in place to ensure the facility remains above reproach. A fall can have serious consequences for an elderly patient, and any negligence would be costly for the facility. Staff must be appropriately trained in how to manage patients.

Over the course of this assignment, I learned the powerful component legal issues have in determining healthcare policy. Legislative changes can change the legal landscape of healthcare and concerns about legal repercussions (such as accusations of negligence) affect patient care as much as direct medical needs......

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