Criminal Cases in Health Care – Health System Example

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"Criminal Cases in Health Care" is a wonderful example of a paper on the health system. The case located is within the scope of the provision of care to veterans. Kim Smith authored the case titled, “ Health Care Worker Arrested in Separate Elder Abuse Cases” . In this case, two healthcare providers were arrested and aligned in court for abusing and defrauding elderly dementia patients. The two service providers were hired by a veteran foundation to provide specialized care to elderly patients. One of the care providers was accused of abusing a vulnerable adult while the other was accused of theft, exploitation, and fraud (Smith, 2012).

These practitioners faced criminal prosecution because they did not follow policies and laws. They also neglected their duties as healthcare service providers. Specific Legal Issues Involved The legal issues involved in the two cases are fraud and medical negligence. The two healthcare practitioners are liable for their actions. In this case, negligent conduct is criminal and associated with civil liabilities. One of the care providers, Shanna Harper defrauded her patient by exploiting her financially (Smith, 2012).

Harper was taking care of a dementia patient who could not sign her checks. Harper took this opportunity to write checks to her children and boyfriend. The second case involved medical negligence. In this case, Jennifer Lopshire physically abused her patient. She was accused of causing injuries to her patients after losing her temper (Smith, 2012). Possible Consequences The service providers are liable for civil and criminal liberties. This means that the provider that abused and caused physical injuries to her patient may be asked by the court to pay for the damages caused.

The service provider may also face criminal liabilities. The civil liabilities may be based on the failure of the service provider to abide by the contract to care for the elderly patient. The service provider that defrauded her patient is also liable to criminal prosecution (Gopi, 2012). She stole from her by taking advantage of a medical situation. Criminal prosecution against this provider can be accomplished because it is recorded that she wrote checks to her boyfriend and children. This means that the criminal case can be proved with evidence. Role of Administrators in Preventing These Criminal Acts Administrators can prevent these criminal actions through supervision.

Strict supervision of service providers can prevent instances when service providers cause physical injuries to patients or defraud them. Supervision also enables the administrator to understand the work environment of service providers (Gopi, 2012). With supervision, the administrator could have noticed that the patient that was defrauded had dementia and she could not write her checks. In addition to supervision, administrators can prevent these cases by outlining the responsibilities of each service provider and the laws that govern their actions. Role of a Corporate Compliance Program In my opinion, a corporate compliance program would have helped to address this issue.

The compliance program would have helped the two service providers to align their actions to Acts that govern medical activities. These programs also provide resources that prevent misconduct and negligence (Competition Bureau, 2015). Corporate compliance programs are effective in minimizing risks associated with contraventions of medical Acts and policies. They also provide the tools required for the formulation of personal compliance programs.

References

Competition Bureau. (2015). Corporate Compliance Programs. Government of Canada. Retrieved from http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/03778.html>

Gopi, J. (2012). Legal, Ethical and Safety Issues in the Healthcare Workplace. New York: Jones and Bartlett Learning.

Smith, K. (2012). Healthcare Workers Arrested In Separate Elder Abuse Cases. Arizona Daily Star. Retrieved from http://tucson.com/news/local/crime/health-care-workers-arrested-in-separate-elder-abuse-cases/article_014c4e42-702c-5a8c-9b24-2c73ca89b4c3.html

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