Employment Retirement Income Security Discussion

“Trial Practices and Legal Issues Based on Civil and Corporate Dynamics” Please respond to the following:

• * From the scenario, analyze the general points between initiating civil procedures, the prevalent practices of these procedures within health care litigation solutions, and the influence of corporate structure on resolutions and subsequent legal precedents. Defend or critique the use of the aforementioned prevalent practices in the multidisciplined interaction required of 21st Century health care administrators.
• Summarize the crucial steps involved in conducting a trial based on the pleadings of the defendants, leading up to the execution of judgments and including the awarding of damages. Analyze the concept of respondeat superior and concept of corporate negligence as they apply to responsibilities of the hospital’s governing body and corporate structure. Provide examples of the application of such concepts to support your response.

Response Sirlin

• From the scenario, analyze the general points between initiating civil procedures, the prevalent practices of these procedures within health care litigation solutions, and the influence of corporate structure on resolutions and subsequent legal precedents. Defend or critique the use of the aforementioned prevalent practices in the multidisciplined interaction required of 21st Century health care administrators.
  Prior to anything going wrong and a civil action being brought against a healthcare organization there are many things that go on to help avoid such proceedings from occurring. First the organization has an obligation to hire competent staff and faculty to take care of the patient. There are bylaws that are drawn up to govern how the organization must operate. The hospital or organization assumes the position of supervising their physicians to make sure that they are abiding by all the bylaws in order to keep and maintain their privileges in order to take care of patients in that facility. There is a compliance department and a CCO or Chief Compliance Officer who makes sure that all rules and regulations are being adhered to. There are multiple committee that are set up to help supervise and adhere to corporate policies. Some of these committees are; the Executive Committee, Finance Committee, Joint Conference Committee, Planning Committee and EOC or Environment of Care Committee. There are also laws regarding joint ventures and corporate mergers. The Safe Harbor Regulations were put into place on July 1, 1991 and are enforced by the Department Of Justice (DOJ) and Federal Trade Commission (FTC). The laws under the Safe Harbor Regulation are published by the DOJ. Another way the governing body protects the organization is by making sure that all patients are told of their rights and responsibilities. In this way the patient knows what they can or cannot do to avoid legal issues with the organization.

• Summarize the crucial steps involved in conducting a trial based on the pleadings of the defendants, leading up to the execution of judgments and including the awarding of damages. Analyze the concept of respondeat superior and concept of corporate negligence as they apply to responsibilities of the hospital’s governing body and corporate structure. Provide examples of the application of such concepts to support your response.

In order for their to be a civil procedure there must be a complaint. The complaint gets filed by the plaintiff and has to be answered by the defendant. The defendant has the right and obligation to respond to that complaint. The answer to a complaint is called a pleading. The pleading is a written response of guilt or innocence from the defendant. A response from the defendant(s) that point out inconsistencies or errors in the complaint is called a demurer. Once the complaint is made and filed with the court a summons must go out to the defendant. The summons is a written document calling the defendant into court and explaining what the charges are, who is making the complaint against the defendant, the court to appear in, and the date that the first hearing is going to be held. Summon’s must be delivered in a specific time and manor. It cannot just be brought to the defendant by anyone (usually needs to be a process server or deputy sheriff) and it must be brought within a specific time period. The defendant may defeat the entire proceedingsif he can prove that there was a technical issue in the complaint, the summons was delivered improperly (or he did not receive it at all), or if it was delivered in the wrong jurisdiction. Although this does not mean that the case is over, it is just a matter of time for the plaintiff to refile in the correct manor. Once all of this is done the process of discovery must take place. Discovery means that the plaintiff must provide the defendant (or his lawyer) with all the details of witnesses, facts pertaining to the evidence held against the defendant and any testimony during a deposition that was taken. There are very specific rules regarding Discovery. Between this time and the time a trial is set is the time for both the defendant and plaintiff to come up with a plea bargin or a amicable resolution to the case. If they can do this, up to the very start of the case, a trial can be avoided. A trail can also be avoided if the plaintiff (or State / District Attorney) decides to drop the charges against the defendant. Corporate governance is a way to help avoid any type of legal action brought against the organization. When the corporation was formed bylaws were drawn up and although they do not cover everything or protect against everything, obviously, they are the rules that the providers must abide by if they are to gain privileges at that organization. There are also laws which govern healthcare organizations such as the Corporate Negligence Doctrine, which states that the organization has an obligation to the patients to hire competent help. The bylaws help the organization set guidelines to fall in line with the Corp Negligence Doctrine.

Response Lacey:

“Trial Practices and Legal Issues Based on Civil and Corporate Dynamics” Please respond to the following:

• * From the scenario, analyze the general points between initiating civil procedures, the prevalent practices of these procedures within health care litigation solutions, and the influence of corporate structure on resolutions and subsequent legal precedents. Defend or critique the use of the aforementioned prevalent practices in the multidisciplined interaction required of 21st Century health care administrators.
• Summarize the crucial steps involved in conducting a trial based on the pleadings of the defendants, leading up to the execution of judgments and including the awarding of damages. Analyze the concept of respondeat superior and concept of corporate negligence as they apply to responsibilities of the hospital’s governing body and corporate structure. Provide examples of the application of such concepts to support your response.

Disputes in the health care area cover a wide variety of issues, from partnership disputes to employment disputes to reimbursement disputes to lawsuits against certain competitors.

And while some of the issues raised by such litigation may be common to other businesses, the regulated nature of the healthcare industry means that you need an attorney who not only is an professional in the courtroom and at civil procedure, but one who is familiar with the unique challenges faced by your business.

For example, in every litigation, the parties engage in discovery. However, in the healthcare arena, that discovery must be handled with an eye towards protecting the client from violating HIPAA or other statutes that protect the identity of your patients. Moreover, the attorney must be aware of anti-kickback, Medicare fraud, and other laws so that your responses do not inadvertently and wrongfully suggest that your business has violated any federal or state healthcare statutes. Two prime examples of these disputes are reimbursement litigation, including prompt payment claims and Employment Retirement Income Security Act violations and employment discrimination defense. When the complaint is filed, service of process on the defendant must occur and be documented, showing that the complaint was received by the defendant. The rules regarding all civil procedures and practices are set forth by applicable state or federal law. After the complaint is filed, a Bill of Particulars requesting an actual itemization of the complaint can be filed by the defendant. The parties to the suit will file various pleadings as part of the discovery process and in preparation for trial.

In the health care environment, there is a governing body that is responsible for the operation of the enterprise. The governing body selects the CEO and has ultimate responsibility for ensuring that the hospital complies with all state, local and federal laws as well as with the standards that are set forth by any accreditation agency with which the hospital is accredited. Most hospitals are corporations and, as such, have corporate bylaws to which they must adhere. They also have policies and procedures and guidelines as well as operating procedures that should be in place and enforced throughout the enterprise. Having proper procedures in place and the enforcement of these procedures helps to mitigate risk and also shows that the enterprise is meeting its duty to provide a safe environment for the patients. If the hospital’s corporate structure fails in this area, there will be more litigation against the hospital and more instances where corporate negligence can be proven because the hospital breached its duty of care to the patients.

The scenario set out the steps for initiating civil procedures. These include the filing by the plaintiff of the complaint which includes the parties to the suit, the basis for the suit and the damages being sought; and, if applicable. Once received, the defendant can file a demurrer; a pleading wherein the defendant does not dispute the allegations but challenges the sufficiency of the complaint itself. When the complaint is filed, service of process on the defendant must occur and be documented, showing that the complaint was received by the defendant. The rules regarding all civil procedures and practices are set forth by applicable state or federal law. After the complaint is filed, a Bill of Particulars requesting an actual itemization of the complaint can be filed by the defendant. The parties to the suit will file various pleadings as part of the discovery process and in preparation for trial.

Corporate negligence is the legal doctrine that holds health-care facilities, such as hospitals, nursing homes and medical clinics, responsible for the well-being of patients. If a health-care facility fails to maintain a clean and safe environment, hire competent and properly trained employees, oversee care and implement safety policies, it can be held liable for any harm to patients. Any small health-care business could theoretically be sued under the doctrine of corporate negligence for the actions of its employees. In Thompson v. Nason Hospital, the court ruled that a hospital providing comprehensive health-care services cannot claim immunity from malpractice lawsuits, because the hospital has obligations to clients that cannot be delegated to the surgeons. The hospital is obligated to use a reasonable standard of care in maintaining facilities, so it is responsible for any harm caused by a failure to do so. The hospital is obligated to hire competent surgeons and to supervise their behavior, so it is responsible for mistakes those surgeons make if it fails to exercise appropriate care in hiring and supervision. The hospital is obligated to establish policies to protect patients and uphold a high standard of care, so it is responsible if a patient is harmed due to the lack of such a policy. Later court judgments expanded the doctrine of corporate negligence to apply to many small health-care facilities (Thompson, 2017).

Thompson, S. (2017, November 21). What Is the Corporate Negligence Doctrine? Retrieved October 28, 2018, from https://smallbusiness.chron.com/corporate-negligen…