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Review Chapters 3, 9, and 17 in your textbook.
Read the following:
May v. Triple C Convalescent CentersLinks to an external site.
Current Legal Trends in HealthcareLinks to an external site.
Review the video Tarik Sammour: Healthcare: Is It a Right or a Luxury?Links to an external site.
In the case of May v. Triple C Convalescence Centers, Pozgar (2023) states,
it was alleged in a lawsuit involving a wrongful death action that a nursing facility knew or should have known that a certain resident was belligerent and aggressive and might injure other residents by fighting. Thus, it was argued that the nursing facility owed something more than the ordinary duty of reasonable care to another resident who died of injuries suffered in a fight with the belligerent resident. (p. 67)
Pozgar (2023) further explains, “the court rejected this argument, pointing to the absence of evidence to support the contention that the nursing facility knew or should have known that the resident was dangerous” (p. 68). Pozgar continues to suggest that “because senile psychosis tends to cause irrational behavior, a nursing facility would appear to have a duty to protect residents from the effects of irrational behavior, whether or not it has actual knowledge of such behavior on the part of the particular resident” (p. 68).
This week you are the long-term care administrator for Shady Valley long-term care and skilled care rehabilitation center. You and your regional administrator have become aware of the case May v. Triple C Convalescence Centers and discussed the cause, outcome, and court decision. The regional administrator requests that you develop a memo detailing your analysis of the court case. The regional administrator values your opinion and will present your memo to the CEO of the corporate office.
In your memo, the regional administrator requests your thoughts on the following prompts and asks you to back up your ideas and suggestions with cited evidence. Avoid writing in first person. In your assignment,
Analyze the event and include the outcome.
Discuss how the event could have been prevented and what policy interventions could have been used.
Analyze the relevant legal issues presented in this case.
Explain which category this case fits into and why from the standpoint of Intentional Torts and Negligence.
Discuss the verdict.
Does it appear the information provided to the jury was complete? Are there gaps in the information?
Analyze the verdict.
Was the verdict correct?
Were there mitigating circumstances presented that influenced the verdict?
The May vs. Triple-C Convalescence Center memo
must be three to five double-spaced pages in length (not including title and references pages) and formatted according toAPA StyleLinks to an external site. as outlined in the Writing Center’s APA Formatting for Microsoft WordLinks to an external site.
must include a separate title page with the following in title case:
title of paper in bold font
Space should appear between the title and the rest of the information on the title page.
student’s name
name of institution (The University of Arizona Global Campus)
course name and number
instructor’s name
due date
must utilize academic voice. See theAcademic VoiceLinks to an external site. resource for additional guidance.
must include an introduction and conclusion paragraph. Your introduction paragraph needs to end with a clear thesis statement that indicates the purpose of your paper.
For assistance on writing Introductions & ConclusionsLinks to an external site. andWriting a Thesis StatementLinks to an external site., refer to the Writing Center resources.
must use at least three scholarly or peer-reviewed sources published in the past 5 years in addition to the course text.
The Scholarly, Peer-Reviewed, and Other Credible SourcesLinks to an external site. table offers additional guidance on appropriate source types. If you have questions about whether a specific source is appropriate for this assignment, please contact your instructor. Your instructor has the final say about the appropriateness of a specific source.
To assist you in completing the research required for this assignment, view theQuick and Easy Library ResearchLinks to an external site. tutorial, which introduces the University of Arizona Global Campus Library and the research process, and provides some library search tips.
must document any information used from sources in APA Style as outlined in the Writing Center’s APA: Citing Within Your PaperLinks to an external site.
must include a separate references page that is formatted according to APA Style as outlined in the Writing Center. See the APA: Formatting Your References ListLinks to an external site. resource in the Writing Center for specifications.
Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!
To help you structure your memo on the May v. Triple C Convalescence Centers case, follow these steps to create a thorough and well-organized response:
- Title Page
Ensure you format the title page according to APA guidelines. Your title should be in bold font, and your page should include:- Title of the paper
- Your name
- Institution name
- Course name and number
- Instructor’s name
- Due date
- Introduction (75-100 words)
- Context: Begin by providing a brief overview of the May v. Triple C Convalescence Centers case, summarizing the wrongful death allegation and the court’s decision.
- Thesis Statement: Conclude your introduction with a clear thesis statement outlining the purpose of your memo. Indicate that you will analyze the legal issues, prevention strategies, policy interventions, and verdict, while considering whether the jury received complete information.
- Case Analysis and Outcome (150-200 words)
- Analysis of the Event: Discuss the key events leading to the wrongful death lawsuit, highlighting the nursing facility’s role and the resident’s condition that led to the injury.
- Outcome: Explain the court’s decision in detail and why the argument regarding the facility’s duty of care was rejected.
- Prevention and Policy Interventions (100-150 words)
- Preventing the Incident: Offer suggestions on how the nursing facility could have prevented the incident. Was there a failure to recognize or address the resident’s aggressive behavior?
- Policy Recommendations: Suggest policies that could have been implemented to ensure safety, such as improved monitoring of residents with cognitive impairments or aggressive tendencies, staff training on managing such residents, and the development of protocols for early intervention.
- Legal Issues and Torts Analysis (150-200 words)
- Relevant Legal Issues: Identify and explain the key legal issues in the case. What standards of care should have been met by the nursing facility? Did the facility meet its duty of care?
- Tort Category: Classify the case under intentional torts or negligence. Explain your reasoning for this classification, based on the facts of the case and the decision of the court.
- Verdict and Jury’s Information (150-200 words)
- Verdict Evaluation: Analyze whether the verdict was correct based on the facts presented. Was the court’s decision fair and reasonable given the evidence and legal arguments?
- Completeness of Information: Evaluate whether the jury had complete information or if there were gaps that could have affected their decision. Discuss any potentially missing evidence that could have influenced the outcome.
- Conclusion (75-100 words)
- Summary: Conclude by summarizing your analysis of the May v. Triple C Convalescence Centers case. Restate the importance of the verdict and the need for policy changes in long-term care facilities to prevent similar incidents. End by restating your stance on whether the verdict was appropriate.
- References Page
- Sources: Ensure you cite at least three scholarly or peer-reviewed sources published in the past five years in addition to your course textbook. Format your references according to APA 7th edition guidelines.
By following these steps, you can ensure your memo is comprehensive, well-structured, and focused on the key elements of the case. Don’t forget to use academic voice throughout and cite all your sources in APA format. Good luck!
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