MHA 703 Healthcare Law & Ethics

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2025 Spring AP1
Name Jasmine Simpson
Date 2/11/25 10:10 PM

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After studying TORTS, do you feel like everything you do is always wrong?
1st year Law students are afraid to drive home from class!
do is always wrong?
 MODULE 3

Question
Number
Answer on Slide Number

6 1

10 2

12 3

15 4

21 5

16 6

6 7

20 8

20 9

30 10

61 11

31 12

48 13

43 14

47 15

53 16

54 17
56 18

549
Question

What is the PURPOSE of privacy?

What are the two different laws that are incorporated into HIPAA?

Who does HIPAA apply to?

What is PHI?

What happens if you violate HIPAA?

Who can PHI be disclosed to?

Where is PRIVACY found in the US Constitution?

Who is the OCR?

What are the steps to file a HIPAA case?

What are two different classifications of torts?

Can a Judge create a new Tort law?

What is a tort?

What are the elements of the tort of negligence? draw a smartart (use Basic
Process)

What are the different types of damages allowed by the courts?

What is mitigation of damages?

What are the elements of malpractice?

Differentiate between misfeasance, malfeasance, and nonfeasance.

Health Insurance Portability and Health Accountability

Any healthcare provider;Any health insurance company;Any health-related company that gives or receives patient information

Personal health information- anything in patient health records; name;bday;ssn;email; and other info that can lead to identity

penalties reaching up to 1.5 million

To coordinate treatment and care;Ensure workers provide good care;Family, friends, relatives (unless objection);Pay health pr
agencies
Explicitly? Granted in the 9th amendment
Implicitly? Granted with 1st, 3rd, 4th, and 5th amendment
Office of civil rights

File complaint within 180 days ; informal review; formal review;

1 Action that causes harm; Intentional; unintentional

2 Type of harm; to a person's body, personality,property, strict harm

Yes because torts are mainly based on common law

intentional or unintentional hrm to a person's body, personality, property or strict harm

Defendant Defendant As a result the

Physical damages;Mental/emotional damages;Financial damages

To lessen

same elements as negligence

misfeasance means performing lawful act improperly (Dr. not wearing latex gloves), malfeasance refers to intentionally comm
refers to failure to act ehen there is a legal duty to do so (Lifeguard not saving a drowning person)
Refute allegations (denial defense; I did nothing) Assumption of the risk (Consent forms) Diminish what they are responsible fo
liability (res judicata- caue of action may be relitigated once it has been judged) Statute of limitations
 MODULE
Case

Pachowitz v. LeDoux

Jose N. Proenza Sanfiel, R.N. v. Department of Health

In Re Application of the Milton S. Hershey Medical Center

United States v. Richard Gibson

Liebeck v. McDonald’s Restaurants

Moskovitz v. Mt. Sinai Medical Center

Schopp v. Our Lady of the Lake Hospital, Inc

Clyde F. Deal v. L. John Kearney

Williams v. Kilgore
2
 3
Source

https://benefitslink.com/articles/
hipaapriv030701.html

https://caselaw.findlaw.com/court/fl-district-court-
of-appeal/1440164.html

https://casetext.com/case/application-of-ms-
hershey-med-ctr

https://caselaw.findlaw.com/court/us-7th-circuit/
1420207.html

https://www.quimbee.com/cases/liebeck-v-
mcdonald-s-restaurants

https://www.lawpipe.com/Ohio/
Moskovitz_v_Mt_Sinai_Med_Ctr.html

https://caselaw.findlaw.com/court/la-court-of-appeal/1323898.html

https://law.justia.com/cases/alaska/supreme-court/1993/s-4651-1.html

https://law.justia.com/cases/mississippi/supreme-
court/1992/89-ca-0231-1.html
Summary
State law invasion of privact verdict against ab EMT who disclosed phi to one of the patient's coworkers was upheld by Wiscon
relationship" with fellow employees so disclosure to one of them would embarrass her. Rehected EMT's claim that revealing t
Court of Appeals of Wisconsin ruled disclosure of private information to one person or to a small group does not, as a matter o
of an invasion of privacy claim. Katherina L. treated and transported Julie P for possible overdose. Julie was transported to the
KL later called JP cowrker and disclosed JP's condition.
Proenza Sanfiel obtained a computer which was previously owned by Charter Behavioral Health System(“Charter”). Charter's p
Proenza Sanfiel testified that he reviewed this information and recalled that Charter was being investigated for defrauding the
and the state attorney's office to initiate a criminal investigation. The agencies declined, telling him that the matter was outsid
news media and allowed them to see the information concerning the patients. He asked that the patients' names be blurred t
information on the computer should have been erased before the computer was donated as surplus. He told reporters that th
Dr. Doe tested positive for HIV, discovered during residency when cut by attending physician. Hershey Med center and harrisb
Though the hyospital tried to release under generla statement, the parameters provided were still specific enough to pinpoint

Gibson was indicted for a series of fraudulent activities related to his business, SBU, Inc., which offered structured settlements
their settlement money would be invested in U.S. Treasury Bonds and managed for them, but instead, he misused the funds fo
and luxury purchases. This led to a loss of over $156 million for the victims.
After being subpoenaed in 1999, Gibson and his wife fled to Central America but were later arrested and returned to the U.S.
includingsued
Plaintiff conspiracy to commit
Mcdonalds mail and3rd
after receiving wire fraud.burns
degree In 2002, hehot
from reached
coffeeareceived
plea dealinwith the
drive government,
thru. agreeing
Plaintiff was to plead
awarded g
200k in
262 months
recovered in prison, along with restitution of $66 million. The plea deal mistakenly stated the maximum sentence as 30 year
160k
charge.

the plaintiff sued the defendant, a surgeon, after discovering that he had deliberately altered medical records to cover up his o
thought a growth in the plaintiff's leg was benign and should only be monitored. However, the surgeon later changed the reco
testing.
This alteration was discovered months later when the plaintiff, who eventually died from cancer that had spread from the gro
ruled that the surgeon's intentional alteration of the records showed "actual malice" and that punitive damages were appropr
compensatory damages and $3 million in punitive damages. However, the Ohio Supreme Court reduced the punitive damages
Plaintiff found byofhealth
about one-third aide after taking
the compensatory a fall. and
damages In this case, Schopp
roughly was
one-third to injured
one-halfwhen ansurgeon's
of the x-ray cassette accidentally
net worth. fell empha
The court and hi
explained that the cassette "barely tapped" her head, and he didn't think it caused harm. He later told Schopp's family about t
noticed a bruise on Schopp's forehead and believed she was hurt.
Afterward, Schopp went to the emergency room where a doctor found her in significant pain but didn’t initially suspect a serio
the potential
Dr. Clyde head
F. Deal injury, and
petitioned forareview
CT scanafter
revealed that Schopp
the superior courthad a severe
denied brain injury
his motion (acute subdural
for summary judgmenthematoma). Despite
in a case brought bysu
declined, and she died two weeks later.
subrogation, and contribution from Dr. Deal after suffering severe injuries and amputations, alleging Dr. Deal was negligent in
Dr. Deal argued the claims were improperly assigned to Kearney and that he was immune under the "Good Samaritan" statute
Kearney was directly impacted by the incident, and the statute didn’t apply because Dr. Deal had a pre-existing duty to treat K
Gracie Williams was treated at the University Medical Center in Jackson, Mississippi, in 1964 for metastatic melanoma. During
fragment in her lower back. Although Williams was told it would be removed during subsequent surgery, it was never taken ou
In 1985, Williams discovered the retained needle after experiencing back pain, and it was surgically removed. Medical records
that the needle had not been removed, but they did not inform her.
Williams filed a lawsuit in 1987 against Dr. Kilgore, Dr. Berrong, and others for negligence in leaving the needle. Dr. Kilgore and
judgments and argued the lawsuit was barred by the statute of limitations. The court granted their motions, finding that servic
limitations applied, ultimately dismissing the case on October 25, 1988
 MODULE

Key Term

accountability

compliance

covered entity

de-identify

liable

limited data set

portability

privacy

slander

chattels

damages

malfeasance

misfeasance
mitigate

negligence

nonfeasance

res ipsa loquitur

torts

18
3

Your defintion here

the action or fact of complying with a wish or command.

an individual or organization that is subject to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Th

the process of removing or changing identifying information from data to protect the privacy of individuals.

responsible by law; legally answerable.

protected health information that excludes the following direct identifiers of the individual or of relatives, employers, or hous
code.

means that once a person obtains creditable health plan coverage, he or she can use evidence of that coverage to reduce or e
to another health plan.

In healthcare, privacy refers to the individual's right to control and protect their personal health information.

the action or crime of making a false spoken statement damaging to a person's reputation.

personal property

damages are monetary compensation awarded to a victim for losses or injuries caused by a wrongful act.

wrongdoing, especially by a public official.

a transgression, especially the wrongful exercise of lawful authority.

when someone fails to act with the level of care a reasonable person would exercise in a similar situation. It can also be define

failure to perform an act that is required by law.

a legal doctrine that allows a jury to infer negligence when the cause of an injury is unknown. The Latin phrase translates to "t

civil wrong that causes harm to another person or their property.