Q1. Good Samaritan laws are state laws formulated to protect the rescue personnel or health care service providers from being charged for providing help to individuals during emergency situations. For example, a bill that grants immunity from liability to personnel who is off-duty as he or she stops to help an individual on the side of the road. Good Samaritan laws apply when a health care provider takes actions in good faith in the scene of an emergency, and they protect medical personnel like physicians.

Q2. A standard of care can be referred to as a formal or informal guideline accepted in the medical setting for treating illnesses or conditions. An organization or specialist society can develop standards of care, and the title is awarded at discretion. The standard of care is a foundation of how health care professionals should act or should not do in the professional capacity. Otherwise, deviating set standards could cause legal implications. Standards of care are essential because they help recognize trusted roles that nurses ought to play and are the baseline of better care.  Also, standards of care are vital as they avail a consistency through the profession which ascertains that patients receive quality health services.

A violation of standards of care by a provider means that a person has failed to meet the level of service quality which he or she owed a duty to follow and offer. In most cases, a violation of the standard of care is approached through a theory that a medical provider is negligent in treating individuals. In such a case, the standard of care intersects with prudent person rule whereby when a professional fails to meet discretion in the health service provision. Failing to meet the standards of care impacts prudent person rule in a way that, a medical profession cannot be trusted in health services or his or her services cannot be agreed upon.

Q3. Concerning the diabetic patient case, yes, he or she has claims against the doctors. The kind of claim is called an amputation claim which is said to be caused by medical negligence. When diseases like diabetes or cancer are diagnosed and intervened in the early stages, there may occur further complications. Typically, medical errors occur and are bound to happen in the healthcare setting, and the outcome of the wrong amputation could be devastating to a patient. When the wrong amputation devastates a person despite the health care provider saving life, a patient can file claims against the services in fear of outcomes.

The claim filed by the client may include pain or suffering undergone during the surgical process. The person can claim compensation for general damages as the wrong amputation in a health care setting attracts more compensation. The reason as to why the diabetic patient may make a claim is because amputation was done because of negligence and without consultation or advice to the person. The claim may support medical malpractice since there a doctor-patient relationship whereby the service provider agreed to perform an operation. Besides, whether the healthcare service provider was reasonably careful or skillful enough, it is often the heart of malpractice claim.

Q4. The family of patient B can sue the hospital for the violation of the standard of care. Standards of care are recognized as acceptable medical services and patents are entitled to rights to expect a healthcare organization to deliver care with accepted standards. Any failure to offer care which meets expected standards would undoubtedly constitute negligence. Thus, hospital negligence is typical a medical malpractice which constitutes improper conduct in the administrative perspective. At a glance, the organization had mixed-up paperwork for two patients, which resulted in wrong surgical procedures to a wrong patient.

The standards of care require healthcare organizations to treat patients with respect and include respecting people’s in ways that account values and needs. Also, a standard of care includes accounting for patient’s religious, beliefs and cultural backgrounds during treatments.  Therefore, a breach to such expectation confirms a violation of the standard of care, consequently negligence. The family of patient B can sue the hospital for failing to resect values, beliefs or cultural norms, and perhaps for conducting a surgical operation which probably resulted in death. The mixed-up of the document produced in confusion and this can be termed as misplacement of records or improper communication- hospital negligence.

Q5. Laws are established to maintain a level of stability, and they are the rule of conduct in the community. Ideally, there are four sources of law which include the constitution, states statutes, administrative regulations, and a court or judicial opinions. Briefly, the constitution is the most fundamental sources of law, and it is a charter that forms government and policies under which the so formed government must follow. All other sources of law must conform and comply with the constitution rules. For example, the constitution of the united states establishes rules for the functioning of the government and sets forth rights or freedom which individuals enjoy.

Federal or statutory law is considered the second essential law in the legal system and emerges from the state Congress, for example, an act of clean air. Such an act applies to all stationary and mobile sources of air contamination in all states across the nation. Administrative laws are issued by federal agencies, for instance, an internal revenues service or an environmental protection agency. The regulation provides a basis on how a bill will be enforced. Lastly, judicial opinions- common law are whereby issues undealt with by the statute can come up requiring the court to apply definitions or rules based on traditional routine. For instance, it is rare for state law to define elements of tort or contracts building blocks and such matter are explained dating back to centuries. Rules are essential in our society as they serve as norms of people’s conduct and understanding the various sources of law helps determine the legal mechanism to applying is solving challenging matters.

 
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