Creating a Duty of Care profile Final Essay
Order ID |
53563633773 |
Type |
Essay |
Writer Level |
Masters |
Style |
APA |
Sources/References |
4 |
Perfect Number of Pages to Order |
5-10 Pages |
Description/Paper Instructions
Creating a Duty of Care profile Final Essay
HA4050D – Healthcare Law
Discussion 01.3: Creating a Duty of Care
Read the Discussion 01.3 Scenario. Refer to the scenario as you answer the questions below.
1.Remember that, to state a negligence claim, we must have all four elements of the tort of negligence: 1. Duty, 2. Breach of duty, 3. Causation, AND 4. Damages. In this case, was there a sufficient doctor-patient relationship to create a duty of care on the part of the orthopedist? After all, the patient was never actually seen or treated by your physician. What advice would you give your supervisor?
2.Your boss asks for your thoughts on how we can prevent a situation like this from ever happening again. What else could the orthopedist have done to protect himself from any legal liability to a patient whom he had never actually seen or treated? What procedures might the hospital put in place to protect itself from future liability?
DISCUSSION 01.3: CREATING A DUTY OF CARE
SCENARIO (BASED ON A REAL ILLINOIS CASE)
You are a hospital administrator. Your supervisor comes to talk with you about the potential liability of
one of your physicians.
While on vacation in another state, a patient presented to a local emergency room and was examined
by a plastic surgeon. A review of an X-ray taken of the patient’s knee revealed a possible malignant
neoplasm. Consequently, the plastic surgeon referred the patient to an orthopedist at your facility, Dr.
Johnson, for further review when the patient returned home. The examining physician did not advise
the patient as to the purpose or nature of the referral.
After the patient did not keep any of the three appointments he scheduled with Dr. Johnson at your
facility, Dr. Johnson refused to reschedule him any further. The patient never sought treatment
elsewhere. Ultimately, the patient died of cancer due to this condition and his estate has sued both the
out-of-state physician and your facility. Obviously, there was no intent to harm this patient, but the
lawsuit is claiming that negligence was committed. Your boss has come to discuss with you whether
your facility actually committed all the elements of negligence.
(Note: If you would like to see the real case this scenario is based upon, check out Davis v. Weiskopf,
439 N.E.2d 60 (Ill.App. 1982). Be warnedthe scenario has altered the facts from the original case. Do
not rely upon the real case opinion in formulating your answer to the fictional scenario in the discussion
question.)
Creating a Duty of Care profile Final Essay
RUBRIC
QUALITY OF RESPONSE |
NO RESPONSE |
POOR / UNSATISFACTORY |
SATISFACTORY |
GOOD |
EXCELLENT |
Content (worth a maximum of 50% of the total points) |
Zero points: Student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
Use of Sources (worth a maximum of 20% of the total points). |
Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. |
10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. |
15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. |
Grammar (worth maximum of 20% of total points) |
Zero points: Student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
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