Use your critical thinking skills to answer
Use your critical thinking skills to answer the questions that follow each case study. Melody is a CNA at a local assisted living facility that has a skilled nursing floor. When she works in assisted living, the residents’ family members are always pleasant and never ask her to do tasks that go beyond her scope of practice. However, when she works in skilled nursing, some of the family members are rude and ask her to assist them in tasks that are not appropriate. For example, the daughter of a patient insists that Melody provide her with food from the kitchen—not for her mother, but for herself. The daughter has asked her several times to return the food and get “better” food. Providing personal services to family members is not beyond Melody’s scope of practice. However, Melody wants the requests to go away. She is concerned that waiting on patient’s families could lead to getting behind in her regular job duties. HOW SHOULD MELODY HANDLE THIS PROBLEM? A source of potential problems for health care practitioners is advertising. Buying print ads, creating radio spots, or sponsoring Web sites are commonplace activities for today’s healthcare practitioners, which may subject them to a different type of lawsuit. For example, two New Jersey patients sued their physician over the Web site ads she ran for LASIK eye surgery. The patients claimed the doctor made false or misleading statements in her ads, leading them to believe she would provide all of their treatment. Instead, the patients said a physician who needed to be fully licensed provided their follow-up care. (This practice is generally medically acceptable.) The two patients sued the physician under their state’s Consumer Fraud Act, an area of law from which physicians have traditionally been exempt. A trial court allowed the suit to proceed, but the state supreme court reversed that decision, preventing the patients from suing the physician for advertising fraud. IN YOUR OPINION, SHOULD HEALTHCARE PRACTITIONERS BE PROTECTED FROM CONSUMER FRAUD SUITS OVER ADVERTISING? EXPLAIN YOUR ANSWER. AS A HEALTH CARE PRACTITIONER, WOULD YOU ADVERTISE YOUR SERVICES? WHY OR WHY NOT? DOES A PATIENT HAVE THE LEGAL RIGHT TO LEAVE THE HOSPITAL EVEN THOUGH HIS OR HER PHYSICIAN BELIEVES TREATMENT IS INCOMPLETE? WHAT PROCEDURE SHOULD BE FOLLOWED IF A PATIENT LEAVES A HOSPITAL AGAINST MEDICAL ADVICE? DOES A PATIENT HAVE THE RIGHT TO KNOW IF MEDICAL TREATMENT IS EXPERIMENTAL AND TO REFUSE TO PARTICIPATE IN SUCH TREATMENT? EXPLAIN YOUR ANSWER. CITATION AND REFERENCE SCIENCE HEALTH SCIENCE NURSING LAW
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