[SOLVED] The Coal Miner - Management

Complete the required reading (attached files from textbook chapter 6 and 7 and some online links).
In a 3-4 page paper, address the following:

Distinguish among negligent torts, intentional torts, and strict liability.
Develop a list of elements that must be proven in order to be successful in a negligence suit.
Describe the major laws that were developed to protect individual’s rights in the healthcare profession. Note several from your text and at least three not listed in your text located from an external source.
Answer the discussion questions for the People Stories: The Coal Miner on page 251 of your textbook (I have attached chapters 6 and 7 from the textbook below):

Based on this coal miner’s experience, do you believe the United States Office of Government Ethics is properly regulating itself, as well as other government agencies, or is this just another item on a long list (e.g., items like the Agent Orange controversy) of the U.S. government’s failure to take responsibility for its wrongful actions that have harmed others? Discuss your answer. In your answer, consider both sides of the issue.
Explain what action you would take to help Jimmy.
Describe the ethical principles outlined in the Pillars of Moral Strength (see Appendix A of your textbook) that apply to this case.
Your work will automatically be checked by Turnitin.

Links for reading:
1. https://www.cdc.gov/phlp/
2. https://www.publichealthlaw.net/ModelLaws/MSEHPA.php
3. https://www.irs.gov/charities-non-profits/frequently-asked-questions-about-tax-exempt-organizations
4. https://www.justia.com/ (Search free federal court opinions)
5. https://www.oyez.org/ (Search free Supreme Court opinions, listen to oral arguments, and read briefs)
6. https://www.healthcare.gov/2 of 3 DOCUMENTS

Summer, 2005

14 Ann. Health L. 421

LENGTH: 6597 words

FOURTH ANNUAL HEALTH LAW COLLOQUIUM: OH, DARLING! 40 YEARS LATER: The Legacy of Darling
v. Charleston Community Memorial Hospital and the Evolution of Hospital Liability: New Governance Norms and
Quality of Care in Nonprofit Hospitals

NAME: Thomas L. Greaney*

BIO: *Chester A. Myers Professor of Law and Co-Director, Center for Health Law Studies, Saint Louis University
School of Law. B.A. Wesleyan University. J.D. Harvard University.

LEXISNEXIS SUMMARY:
… Managers and boards of nonprofit hospitals understandably feel themselves under siege today. … Moreover, in
recognizing that business considerations were ineluctably linked with clinical judgments, Darling seemed to supply the
impetus for uniting the parts of the so-called “three legged stool” of nonprofit hospital governance-the board of
directors, the physician staff, and management – that has long operated to allocate responsibilities regarding quality. …
This newfound interest can be traced to a variety of factors, including financial and management scandals in both the
for-profit and nonprofit sectors, the increased need for charity care in the wake of governmental cutbacks, and the
changing economics of health care. … What, then, are implications of the evolving governance environment for quality
of care in nonprofit hospitals? As discussed above, corporate liability, ushered in by Darling, held out the promise that
hospitals would be incentivized to monitor and coordinate staffs, physicians, and technology to assure maximum patient
safety. … With the thrust of many of the changes heralded by the new nonprofit governance paradigm to shift board
attention to the bottom line and to the performance of mission objectives, it is likely that costly quality improvements
will be placed on the back burner. …

TEXT:
[*421]

Managers and boards of nonprofit hospitals understandably feel themselves under siege today. The forces circling
their citadel are both numerous and heavily armed. The Internal Revenue Service, state attorneys general and charity
regulators, the plaintiff’s bar, and Congress are all poised to take actions that may profoundly affect the governance of
nonprofit institutions, especially acute care hospitals. Not only are these forces likely to recast the formal legal duties of
nonprofit fiduciaries and alter the composition of hospital boards, but perhaps equally significant is their potential to
influence the norms that govern the conduct of managers and directors. It seems quite likely, for example, that directors
will internalize a new conception of their responsibilities, although the institutional response will vary considerably
among nonprofit systems of different size, sophistication, and mission.

What all this fomentation portends for quality of care is far from clear, however. The landmark case Printed by: [email protected] Printing is for personal, private use only. No part of this
book may be reproduced or transmitted without publisher’s prior permission. Violators will be prosecuted.

Printed by: [email protected] Printing is for personal, private use only. No part of this
book may be reproduced or transmitted without publisher’s prior permission. Violators will be prosecuted.

Printed by: [email protected] Printing is for personal, private use only. No part of this
book may be reproduced or transmitted without publisher’s prior permission. Violators will be prosecuted.Printed by: [email protected] Printing is for personal, private use only. No part of this
book may be reproduced or transmitted without publisher’s prior permission. Violators will be prosecuted.

Printed by: [email protected] Printing is for personal, private use only. No part of this
book may be reproduced or transmitted without publisher’s prior permission. Violators will be prosecuted.

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[SOLVED] The Coal Miner – Management

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