Disruptive Innovation in the Healthcare System

Watch this brief clip from the Harvard Business Review. It has more of a business school focus, but offers a good perspective on disruptive innovation.

http://hbr.org/video/2688242135001/the-explainer-disruptive-innovation

Next, review three very short pieces about innovation in healthcare:

• Haughom, J. (2016). Innovation in Healthcare: Why It’s Needed and Where It’s Going. Health Catalyst. Retrieved from https://www.healthcatalyst.com/healthcare-data-help-not-hinder-human-endeavor-has-2014 [The first article only.]
• Herzlinger, R.E. (2006). Why Innovation in Health Care Is So Hard. Harvard Business
• Harvard Business Review. Retrieved from https://hbr.org/2006/05/why-innovation-in-health-care-is-so-hard
• Gaskell, A. (2016). Building A Culture of Innovation in Healthcare. Forbes. Retrieved from https://www.forbes.com/sites/adigaskell/2016/11/08/building-a-culture-of-innovation-in-healthcare/#3dea084344a7

Then, respond to this week’s Discussion questions.

1. Identify a disruptive innovation. What was it and how did it change its industry. A healthcare example is preferable, but not necessary. Many dramatic examples exist outside healthcare.
2. Do breakthrough innovations always succeed? (Who knows what the Osborne Computer was?)

GRAD Level writing.NO PLAGRISM!! APA format , 3 references

Effects of Health Insurance on Care

In the United States, most individuals obtain health insurance through their employer. Briefly describe the impact of health insurance on access to care and health outcomes. Is a reliance on employer-based health insurance plans ideal for the individual, health care providers, employers, and society? Should the federal government have a more prominent role in providing health insurance? Explain and defend your positions with evidence, and recommend a policy action that aligns with your position.

 privacy and patient rights

A celebrity patient is admitted to the hospital. Your friend Jennifer is a nurse on the floor where the male celebrity patient is staying. All of the nurses are going out of their way to work on that floor. The patient’s records and privacy must be treated like those of any other patient. The hospital has strict protocol, and only the nurses and staff involved in his care and treatment are permitted to work that floor and interact with that patient.

Jennifer has always been a big fan of the celebrity. The next time she is working her shift, she takes him his dinner. When she enters the room, he is sleeping. He is hooked up to an IV and standard monitoring machines. He is also bandaged due to his wounds from a car accident and looks pretty beat up but is recovering nicely. Jennifer decides to take a picture with her personal cell phone that she snuck in. This is for her personal use. She does not intend to sell, post, or distribute the picture in any way.

After she takes the picture, she heads back to the nurses’ station, and she and the other nurses gather around the computer.

celebrity’s medical records

She glimpses what looks like the celebrity’s medical records, not being sure. And does know that some of those nurses do not work on her floor and are not, therefore, authorized to view the records. She also remembers there was a note on the celebrity’s chart about an error on the medical history, but she knew the day shift would address it wraps up her shift and heads home.

She decides to stop at her local diner and have a late night coffee and snack. When she walks in, she sees the local diner is packed with entertainment reporters hanging out to get the scoop on the celebrity’s condition.  giggles to herself as she quietly drinks her coffee since she is involved in treating him, and no one there knows.

She pays for her coffee and snack and leaves the diner. The next day, she is getting ready for her noon shift and turns on the television. She is startled to see an update on the news about the celebrity and HER cell phone picture splashed on the TV. There are also private details about his injuries and medical records in the news story. When she goes to grab her phone from her purse, her stomach sinks when she finds her phone is gone. She must have left it at the diner by accident, and someone there picked it up and distributed her private photo.

legal obligation healthcare

When she goes to work, the hospital administrator is outraged and threatening to fire anyone involved in this violation. A full investigation is launched.

The celebrity is discharged within a week, and Jennifer thinks this horrible incident is behind her. The next month, she receives a summons for a lawsuit. The celebrity is suing her for distribution of the picture. The image was traced back to her cell phone, and he is alleging her photo of him while incapacitated has damaged his career because his attractive appearance is a large part of his brand. He is also suing her for defamation since the medical information given to the public was false. Jennifer is panic-stricken.

She goes into work to try to get her life back to normal and is immediately escorted to the administrator’s office and told she is fired for violating the hospital’s patient privacy regulations and the federal Health Insurance Portability and Accountability Act law. since she violated policy by distributing private medical details of a patient to the public, the hospital will not defend her in any civil lawsuit. Jennifer instantly tries to explain she had nothing to do with the leaking of information or distributing the photo, but the administrator will not listen. She is escorted out of the building.

In this assignment, you will describe the following issues:

legal obligation healthcare

• the legal obligation healthcare providers have to protect private health information and to maintain accurate medical records including information regarding the purpose of maintaining correct information within medical records and who is charged with ownership of medical records,
• the celebrity patient’s legal argument surrounding the release of his private health information and the inaccuracy of the information released, and
• a legal defense of Jennifer, who is being accused of mismanaging health information. Your defense should be based on legal theory and not just your opinion or feeling.

In order to respond to this case study, you will need to research at least two legal cases that demonstrate both the patient’s and the provider’s privacy rights and obligations regarding medical records and private health information. Briefly explain the issues of the two cases you cite, and describe their outcomes. How do the cases relate to the above scenario? Do you agree with the court’s decisions in the two cases? Why, or why not?

Your response should consist of at least two pages. Be sure to use proper APA formatting, citations, and references in your response to this assignment. You must use at least three outside sources as references for this assignment. The Health and Medical Collection database is a great place to begin your search.

Embry Riddle Aeronautical Accident Reports and Insurance Claim

Please redo the attached IRAC analysis using the below information. A. What is required to complete assignment 1.7:

Case I: Use the IRAC Format to answer the following issues:

1. Does this accident belong in court? If so, why? (This question: Why is this action (car accident) being filed in court rather filing an insurance claim?

2. Does it belong in a non-judicial forum? If so, which one? If not, why not? (What alternatives options are available to a trial).

3. From a jurisdictional perspective, what court is best suited to hear the case?

4. (This should not be a number 4, it’s a continuation of (3))The Florida Federal District or Georgia Federal District Court? Can his suit be heard in Florida, if so, why? If not, indicate the legal grounds why it cannot?

5. How does the court obtain the power to hear a case?

6. What are the standards for review?

B. The below questions are Civil Procedure issues that should be addressed in the IRAC form:

Legal Concepts

(Points 1, 2, and 3 are instructional to determine their application to the case) (1) Analyze the Case Study facts using the IRAC format. (2) Respond to all questions in the Case Study. (3) Include in your evaluation the application of the following Legal Concepts to the case studies):

(Treat (a, b, c, e, f, g, as question 7)

(a)Justiciability; (b)Comity;(c)Competence;(d)Jurisdiction; (e)Venue; (f)Amount in Controversy; (g)Discovery, as well as any other statue, regulations applicable.

(3 and 4 are instructional)3) Determine the basis (i.e., torts, negligence) of the lawsuit. (4) What are the Standards for filing a lawsuit?

Standards for filing a lawsuit

Case II: Using the IRAC Format answer the following issues:

1. What is the initial requirement she must meet to file a lawsuit?

2. What statute(s) apply to this situation?

3. Who is responsible for the enforcement of the regulations controlling the issues in this case?

4. Who has a right to file a complaint against the landfill?

5. Does she have any rights against Big City?

6. Who should she sue, and why?

7. The filter company?

8. The enforcers of the statute?

9. Can she collect damages?

10. From whom?

11. Under what legal theories?

12. Is the filter company’s report creditable evidence that the landfill is at fault?

13. What could the landfill do to prove the discharge is not their fault?

14. What is the standard measurement for clean water?

15. If Big City legally shows that the particles are a nuisance but do not violate the law, would that establish a defense to Jane’s lawsuit?

16. Under what legal theory?

ANALYZE

Utilize the case studies in the next tabs on this page to complete this assignment. You will refer to the IRAC elements to fill in the information on the worksheet. Listed below is the rubric for you to consult while completing this assignment. The focus of this exercise is on the procedure of case analysis. This assignment is designed to give you an opportunity to apply legal analysis to a case.

IRAC Elements:

• Issue
• Rule
• Analysis
• Conclusion

property damage and personal injuries

(I) Abe Chevy, a resident of South Florida, drove onto I-95, heading North to visit his mother in Atlanta. After crossing over to I75N heading toward Atlanta around 7:45 PM, he passed a sign that read, “Macon 25 miles” and realized he had been driving seven hours. At that very instant, he started to think about breakfast for some reason and thought, “maybe I am getting a little tired.

” Dismissing the thought, he looked down the road and was happy to see that traffic was very light. Unexpectedly, looking up, he saw a blinding bright light shining in his rearview mirror. Before he could react, a fourteen wheeler slammed into the back of his Lincoln SUV, causing property damage and personal injuries. The driver of the truck worked for a company registered in Georgia at 1010 Trucking Lane, Atlanta, GA. Abe was placed in an ambulance and taken to the hospital, sustaining what looked like a life-threatening injury. He underwent five hours of surgery to remove his spleen.

Standards for filing a lawsuit

He also suffered a broken arm and leg and dislocated his C1 C2 vertebra. The bill for Abe’s injuries amounted to more than $350,000, and property damage was an additional $80,000. After spending two weeks in the hospital, Abe returned to his house at Zero landlock, Boca Raton, Florida. Abe consulted his attorney to determine what he should do. Abe told his attorney that he wants to file a lawsuit against the Georgia State Trucking Company, the driver Speedy Gonesailing, and owner, Gotdem Bigbucks, in the Florida District Court rather than in the District court in Georgia. Abe’s attorney Dowe Cheathim stated that he would first have to gather some information and research the law to see if that was possible. Dowe asked Abe to provide the following details to preserve evidence for trial and preparation of making a legal claim, or insurance demand:

• Write a 2–page executive briefing of a selected U.S. federal or U.S. state court case pertaining to the topic of intellectual property.
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  Context

  WHY INTELLECTUAL PROPERTY MATTERS

  Intellectual property rights issues are a growing concern in the global marketplace. Differing cultural interpretations of the concept of intellectual property have caused conflict between organizations in different nations. There is an increase in international litigation concerning intellectual property rights infringement. Primarily, lawsuits are being brought by multinational corporations based in the United States and Western European nations against organizations in developing nations such as China, India, and Vietnam. Indeed, violations of intellectual property rights have become a critical and debilitating sticking point between Washington and Beijing. In the U.S., intellectual property rights protect the economic and intellectual investment that entrepreneurs make in a product or service, and without these protections the marketplace would grind to a halt.

• The copying of Microsoft software in China is the most egregious example of infringement upon intellectual property rights, but the problem goes far beyond that. From those who copy the latest hit CDs to manufacturers producing fake Louis Vuitton handbags, and even the nearly identical creation of automobiles copied from General Motors cars in China, one thing is certain: each example inextricably leads to an important conversation about what rights are important, how they should be protected in an international context, and what powers governments should have to enforce intellectual property rights.

where intellectual property is considered

• The focus of this assessment is necessarily upon the United States, where intellectual property is considered a cornerstone of the business environment. The federal government and state and federal courts have crafted a vast array of resources and protections for entrepreneurs regarding their ideas, products, and services. The proliferation of small businesses and the dominance of Silicon Valley in the high-tech field are all testament to the protections that have been afforded businesspeople who are seeking to create new ideas or to further innovative technologies. It is also important to consider the ramifications for businesses that seek to do business overseas, where intellectual property rights may not be as strong or as stringently enforced as they are in more developed nations.
• Read the Assessment 3 Context document for important information related to the following additional topics:
  • Employment-at-Will in the United States.
  • Combating Employment Discrimination.
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  Questions to Consider

  To deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of the business community.

  • Should the law allow debtors to avoid payment of their debts if those debts cause the debtors to lose their homes or suffer other extreme hardships?
  • will a business be able to erase its obligations to workers if those obligations would cause the business to be unable to pay dividends to its shareholders?
  • how Should a student ever be able to obtain forgiveness of her obligation to pay tuition?
  • Should a parent ever be able to obtain forgiveness of his obligation to pay child support?
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  Resources

  SUGGESTED RESOURCES

  • Analyzing a Case Law | Transcript.
    • Throughout this course, you will be required to submit case law analysis papers. This multimedia presentation points out key areas of a case law. Use this presentation to help you complete your case analyses. Refer to this media as often as you need to.
  • Business Law Foundational Concepts | Transcript.
    • This media piece offers interactive flashcards that you can use to learn (or review) foundational terms and concepts in business law. Refer to this study aid often and as needed.
  • Labor Law Timeline.

  Library Resources

  The following e-books, articles, and videos from the University Library are linked directly in this course:

  • DuBoff, L. D. (2004).The law (in plain English) for small business. Naperville, IL: Sphinx Publishing.
  • Grimsley, K. S., & Riewerts, P. K. (2010, July). Does your business have intellectual property to protect? CPA Practice Management Forum, 6(7), 12–15.

  Internet Resources

  Access the following resources by clicking the links provided. Please note that URLs change frequently. Permissions for the following links have been either granted or deemed appropriate for educational use at the time of course publication.

  • Nolo. (2013). Nolo law for all. Retrieved from http://www.nolo.com
    • This resource provides helpful background on a range of legal issues. You may find the Free Legal Information section of the site particularly helpful.

  Your assessments throughout this course will be case law analysis papers based on real-world court decisions you will choose and research independently. The following suggested resources provide helpful methods of locating relevant cases: