Which of the following might result in a “right of publicity” claim?

Which of the following is an equitable remedy?


b)Money damages.


d)An injunction.

Administrative agencies make:

a)administrative regulations

b)agency decisions


d)both a and b

Which of the following might result in a “right of publicity” claim?

a)A character in a popular TV show holds up a picture of famed actor Brad Pitt during one episode.

b)A health food store uses a picture of Shaquille O’Neal, a well-known athlete, in its billboard advertisement.

c)An auto maker uses a “soundalike” of Barbara Streisand, a well-known singer, to sing a short song in one of its TV commercials.

d)Both b and c.


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The role of the Joint Commission in accrediting medical facilities

Part I
Discuss the following:
• The role of the Joint Commission in accrediting medical facilities
• Which facilities can be accredited?
• What are the goals of the Commission?
• How do existing Joint Commission guidelines impact facilities that are not accredited by the Commission?
• Is it mandatory for organizations to be accredited by the Joint Commission? If not, what impact does not having such accreditation mean in terms of reimbursement?

Part II
• Create a memorandum where:
• You are the administrator of the health information department for a medium-sized facility. You have just been informed by the compliance officer that the Joint Commission will be visiting your facility and will be focusing on your department.
• Begin the memorandum by including information you believe will be important for your personnel to know to prepare for the visit.
• Then, anticipate possible questions that the Commission might have for you in terms of compliance.
• How will you and your department respond to these questions? How will you manage any negative findings during the visit?
• Finally, discuss how current noncompliance findings can be avoided in the future in this memorandum


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Mental Health Law

Don Snow, age 45, has received outpatient treatment at ABC Mental Health Clinic for five years for a diagnosis of paranoid schizophrenia. In the last 25 years, he has had four inpatient hospital admissions following violent attacks on members of his family. However, he has had no inpatient admissions during the last 8 years. Two days ago, during a therapy session, he acknowledged fantasies about harming his sister’s 8 year-old son and expressed a desire to purchase a shotgun. Further, just prior to this visit, a clinic nurse told the therapist that Don told her that the boy was “the devil and someone should do something about it.”

• Identify the main facts of the case. You may itemize these in a bulleted list.
• Identify any legal issues that are present, as well as the doctrines and/or duties that apply. You may itemize these in a bulleted list.
• If you were the therapist in this case, what actions would you take?
• If you were the health care administrator in this case, what could be your role and possible liability?


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Sources of Health Care Law

When referring to a case, a typical legal citation will include what elements? Explain what each element means in the citation Wagen v. Ford Motor Co., 97 Wis. 2d 260, 294 N.W. 2d 437 (1980),

Laws that control health care come from four sources. One source is state and federal written constitutions. What are three other sources of laws that control health care? How the laws made based on the source of that kind of law?


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Patient Challenges in Capacity and Decision Making

Aanalyze the legal and ethical issues around patient capacity and surrogate decision making by focusing on a given scenario.

Application: Challenges in Capacity and Decision Making

Patient rights include the right to informed consent, which entails that patients receive adequate information to make medical decisions. But many questions can arise if patients appear to lack the capacity to understand their medical condition or options. How is capacity determined? Who decides on behalf of the patient if the patient is determined to lack capacity? How should a surrogate decide on behalf of a patient?
Assume that the applicable law in your state is the same as explained in the summary of the Uniform Health-Care Decisions Act, available athttp://www.uniformlaws.org/ActSummary.aspx?title=Health-Care%20Decisions%20Act.

Review Appelbaum, P.S. (2007). Assessment of patients’ competence to consent to treatment. New England Journal of Medicine, 357(18), 1834-40.
*Please see attached ProQuest Document*

Also review the section of the Merck Manual on surrogate decision making,http://www.merckmanuals.com/home/fundamentals/legal_and_ethical_issues/default_surrogate_decision_making.html?qt=&sc=&alt=.

Refer to these readings as well as to the laws as described in Sections 5, 7, and 11 of the Uniform Health-Care Decisions Act in order to identify legal and ethical issues that apply to the scenario above.
Read Chapter 4, “Health Care Ethics Committee,” in Legal and Ethical Issues for Health Professionals (required reading in Week 6).


An 83-year-old diabetic male, Mr. Jones, is brought in to the emergency department because of respiratory distress by his care-giving daughter, with whom he lives. In examining him, the emergency department physician discovers that Mr. Jones has gangrene on his right foot up to his ankle.
Mr. Jones’ daughter reports that her father has been diagnosed with Alzheimer’s disease. A preliminary capacity assessment is consistent with mild dementia, but one of the nurses suggests that Mr. Jones’ confusion might be the result of his respiratory distress, coupled with the disorienting atmosphere of the emergency department.
The clinical recommendation is to perform a below-the-knee amputation. The patient refuses this surgery, saying he has lived long enough and wants to die with his body intact. His daughter disagrees and says she wants everything done so that she can take him home as soon as possible, and says that she will sue the hospital if they do not perform the amputation. A social worker comments that the daughter might be afraid of an elder-neglect investigation if her father dies.
Mr. Jones does not have an advance directive of any kind and is not under guardianship.

Address the following:

What are the relevant legal issues at stake?

What are the legal rights of the patient and his daughter?

What are the relevant ethical issues at stake?

Why does capacity assessment matter?

How might the hospital’s ethics committee or ethics consultation service help in addressing this? Include a description of how an ethics consultant or committee might become involved in this case.

Consider the role that capacity assessment must play in health care.
Why is it important? What are the consequences of not adequately assessing a patient’s capacity?


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