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Legal Aspect of Health Care Administrator

Administrator malpractices on common law dictate that physician is held legally responsible for negligence-related action. Negligence is a form of conduct caused by carelessness that constitutes a departure from the standard of care generally imposed on a reasonable member of society. Forms of negligence include malfeasance which involves doing unlawful practices such as performing an abortion. Misfeasance is an improper performance of an act which leads to an injury. Nonfeasance involves failure to act where there is a duty important to be done example, failure to order a diagnostic test or prescribe the right medication. The law states that every person has the right and responsibility to make her or his own decision regardless of the health problems (Lawrence, 2004).

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Administrative law is the extensive body of public law issued by either state or federal agencies to direct the enacted laws of the federal state. Administrative laws control the administration operation of government. Health care organization in a particular area is flooded with the propagation of administrative rules and regulation affecting every aspect of the operations. Health care administrators can be sued to incase of negligence especially if the patient dies in the process of treatment, they can also be sued to incase of malpractice suits. Malpractices suits are where a health administrator is held responsible for the negligence of a health institution and its environment. Everybody can get sick thus everyone has an equal right to health and proper care. The parliament has implemented health acts practiced by every health sector. The acts guide and consider the organization of medical care to provide equality care and promote good health. The state has implemented a privacy rule that protects the confidential medical information of the patient (Buttaro, 1999).

Health care providers are sued if they fail to provide proper treatment to the patient, they are charged with malpractices that put a patient into a worse condition. Medical professionals are not charged with all medical malpractices especially when the patient is at risk of death. For example, in countries where abortion is illegal, the fetus can be aborted if the mother is at risk. Medical providers not only have a task to take care of the patient but also to provide medical services acceptably, willingly from their heart (Buttaro, 1999). The standard of care the health administrator provides to the patient describes his or her conduct. Every medical provider should follow the general standard of care that describes one as a prudent health care administrator. The administrator provides health coverage such as health information. Health assurance, health plans, or creating a standard for electronic health information transactions are provided to patients to improve long-term access to health care services and coverage. Health care providers should be licensed nurses, clinicians, and nurses who have passed licensed medical exams should be the only ones to provide health care to the patient (Pozgar, 2007).

Health care administrators perform sensitive roles in the health sector thus they should be sober every time. They supervise the services rendered by health care providers, he or she is involved in the management of the health care institution, and ensure that medical and health services provided are of high quality. The administrator has the responsibility to recruit and fire the head of the nursing department. He also delegates duties and responsibilities to the head of the nursing department whenever possible. The administrator has also a great role to play in the dietary department he monitors any food prepared or delivered for therapeutically and satisfaction purpose (Lawrence, 2004).

The administrator should ensure that sanitation is maintained at high levels of cleanliness and all regulation concerning sanitation is observed by everybody in the hospital. Administrators should ensure there is a good relationship between the medical professionals and the general public surrounding. This is important because residents around evaluate the value and quality of health care provided and services they give. The cleanliness of hospitals and facilities dictates the type of medical services that can be provided. The administrator in this case should ensure that the health care providers are of professional qualification. For example, a qualified dietitian should be employed for diet consultation (Pozgar, 2007).

Health care administrator is viewed as role model and as a leader in the community. Community deduces his or her deeds as representative of the health care. The administrator should be part of the community, participate in community outreach. He should also educate the general community on health matters provide public talks to people about the facilities available. The administrator is responsible for fiscal solvency in a health institution. He is the one who prepares the institution budget which he submits to top governors for approval. He is responsible for salary and wages adjustment for employees within the limits of the budget. He can delegate these duties of financial management to the business manager but he has to approve it before presenting it to the top governors for final approval (Buttaro, 1999).

Health care administrator plays roles in health care planning, he should ensure that all health care providers work in unison and there is mutual understanding among them. He should provide training to health workers and permit them to attend health care seminars. The administrator should also attend national health care training and seminars and should be an active member in health organizations. They should protect the whereabouts of patients by keeping private records containing their information. Doctors and nurses must report any unlawful cases such as child abuse to top medical managers. Doctors and clinicians should prescribe the right medication to the patient and they should inform them of any side reaction of the drug prescribed. Although patient information is kept at a closed point, sometimes disclosure is required if the patient requests it. Privacy rule also allows disclosure of some patient health information such as patient payment services or modes of treatment of patient (Buttaro, 1999).

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Fraud and abuse are major problems facing health care institutions thus control measures should be implemented. Fraud is a forged declaration undertaken to benefit either materially or inform of money while abuse is an act of dishonesty that develops a threat to the reliability of the health care system. Fraud practiced in any health institution leads to poor management and loss of resources. Programs to fight against fraud, abuse and waste have been established in most countries to protect the warfare of patients. For example, formal president Clinton of the United States established Medicare and medical programs to fight against fraud and abuse. These programs are important in that they provide guidance to health care to prevent corruption and mistreatment. Programs for inspection have been created to investigate fraud in health sectors. Abuse during health care providers has led to the enforcement of laws (Buttaro, 1999).

In every health care institution, a high degree of care and professional skills should be provided to the patient. The availability of professional health providers, services, and facilities should be taken into account. All legal matters governing any health institution should be taken into consideration and any health administrator or health care provider violating state laws of health should be sued (Patricia, 2004).

Reference list

Buttaro, P. (1999). Legal guide for long-term care administrations. USA: Aspen Publisher, Inc.

Lawrence, F. (2004). Health care administration: Planning. Implementing and managing organization. Canada: Jones & Bartlet Publisher.

Patricia, W. (2004). Nursing malpractices. New York: Health administration press.

Pozgar, D. (2007). Legal aspect of health care administration. Canada: Jones & Bartlet Publisher.

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