Legal Issues with Negligence, Stockpiling and Arbitration

NOTE:Unless indicated otherwise, all written assignment are to be in 12 point Times New

Roman font, 1 inch margins, double-spaced of a minimum of three (3) pages; and the cases,

questionnaire, articles, and links to videos are located in the weekly module for this

assignment on D2L (unless noted otherwise). The LearnScapes episodes are located in the

publisher site (Jones & Bartlett) using the access code that you purchased with your

bundle.

You are a purchase/procurement manager of a large hospital within the Bright Road Health Care System. Part of your responsibility is to purchase pharmaceuticals for the hospital. You recently stockpiled quantities of a specific cancer drug after hearing that the manufacturer might stop its production. However, the Procurement Manager of a rival hospital has asked you for help. Her hospital has a cancer patient who is on the drug that was taken off the market, but they have none of the drug in stock. If the patient does not receive treatment quickly, there could be severe repercussions. Your humanitarian side would like help, and it would be good publicity for the hospital, but you also know that your hospital is in an area of high cancer prevalence, and this drug is routinely prescribed. You will work with the hospital’s counsel to discuss legal issues with sharing the drug, consult with the administration regarding the community’s perception of providing the drug, and debate future repercussions with other staff in order to make an informed decision.”

Part I:Legal Issues with Negligence, Stockpiling and Arbitration

a. Who you think should have won and why? What are the implications of allowing

entities to be held legally responsible for the negligent actions or (inactions) of its

providers? Does this make healthcare safer?

b. Why are many healthcare entities asking/requiring patients to sign arbitration clauses?

Do you think healthcare providers should be allowed to require or request patients to

agree to arbitration, waiving their right to a jury trial, BEFORE care is delivered?

Why or Why not?

c.Answer the questions from the LearnScapes episode about stockpilin