Health care in the US is a system of complex networks aimed to provide quality care to its citizens. It is governed by legal laws that reduce conflict if any arises. It protects both the health practitioners and patients from discrimination and provides a legal map to address problems if they arise. It is informed by the fact that harm may actually come to a patient when receiving medical care. It also addresses the harmful work environment that an employee may face for example, sexual harassment and how to deal with it. An organization especially in the medical field is also informed on how to reduce the risk e.g. through risk acceptance and is advised to have finances available as part of its risk management. Regulatory standards e.g. OSHA inform employees of their rights to ensure they work under a safe environment.
‘ To err is human.’ This statement whilst admitting the medical errors in a health facility also protects health personnel. All three articles bear witness to this. They protect all shareholders in the medical industry from the patient seeking help to the organization arranging it. " It’s impossible that the improbable will never happen ." Emil Gumbel. Risk management recognizes that there will always be medical risks. It gives the framework for how to reduce medical risks to the patient and what to do in case of a medical error. It protects against violations e.g. antitrust violations and defamation. Such violations protect both the medical organization and the patient. Simply, it identifies the risk, performs the risk analysis contains risk containment procedures e.g. financial repercussions. Legal standards e.g. OSHA and HIPAA address the work environment. It addresses the work policies that should be implemented to ensure an optimum work environment. HIPAA is made specifically to protect the confidentiality of medical information. Both OSHA and HIPAA provide no mercy to those who contravene their legal standards. What is broadly stated in the American constitution cannot be put aside and ignorance claimed as defense. The reading of these three articles has led to my increased confidence in employing of risk management in employment. It is an important tool in employment as it provides me the confidence to tackle any matter e.g. harassment within the legal boundaries.
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In chapter one, it recognizes the medical errors and the repercussions in a facility. It recognizes the avoidable deaths and injuries due to medical errors. It recognizes further assets that may be damaged e.g. property. The American Society of Healthcare Risk Management (ASHRM) has a comprehensive program to educate on risk management. The US has several regulatory bodies and standards in the medical industry. The regulatory environment also gives the modes of payment that can be made. Several laws are quoted in the chapter e.g. The Deficit Reduction Act 2003 addresses false claims and resulting lawsuits and that of payments received by Medicare. Institutions should make steps to thoroughly educate their employees on their legal rights and responsibilities as required.
It is improbable to think that the medical field has no hazards. Whether posed by the professionals themselves or even by the patients, risk management is an effective tool. A health institution should be run with the clarity that it should continually provide the best and safest environment for all those in contact. A JCAHO accreditation boosts confidence in the health center’s compliance to top level medical standards. The chapters also address the legal rights of an employee when there is a risk of retaliation by the company e.g. whistleblowing.
What better way is there to safeguard the entire medical fraternity and associated persons than through the American legal system?
