Guidelines:

I: Identify the Issue R: Identify the Rule: ((e.g., negligence, battery, invasion of privacy, defamation, sexual harassment, breach of warranty, etc.). Please document the language of the rule(s) and its elements. Provide the citation from the source of the rule language. Make sure that none of the facts from the case are included in the rule language. If the rule has more than one element, make sure to include and define each of the elements. Failure to completely define the rule will result in significant deduction of points. A: Apply the rule to the fact pattern C: Conclude with a recommendation to the physician, dentist, or yourself. Make sure to include any case law in your analysis. Write out the holding of the case and then describe how it is similar and informs the recommendation that you are making. Failure to include discussion of the cases will result in significant deduction of points

Scenario # 5 You are a physician practice manager of a large group practice in Doylestown, PA. A patient has brought a lawsuit against a surgeon in the group for performing a complete hysterectomy without the patient's consent. The patient does not claim she read the consent form. Relevant sections of the consent signed by the patient included the following: 1. I authorize the performance on [patient's name] of the following operation / laparoscopy, possible laparotomy. 2. I consent to the performance of operations and procedures in addition to or different from those now contemplated, which the above-name doctor or his associates or assistants may consider necessary or advisable in the course of the operation. . . . 3. I acknowledge that the nature and purpose of the operation, possible alternative methods of treatment, the risks involved, and the possibility of complications have been fully explained to me. Does the surgeon in your practice face a viable medical malpractice case based on your knowledge of informed consent? Please use the I.R.A.C. format when answering assessing this scenario.

Scenario # 6: In another scenario, you have a friend, Robert Baratheon, who is a physician, and whose spouse, Cersei Lannister, owns a durable medical equipment supply company, Lannister Home Care, in Myrtle Beach. Dr. Baratheon can refer patients to the durable medical supply store where they obtain their hospital beds, walkers, crutches, oxygen bottles, and motorized scooters, among other supplies. The patients receive a special discount when they are referred to Lannister Home Care and they greatly appreciate the savings. Many of the patients would not be able to afford their purchases without this discount and this referral pattern has saved the patients tens of thousands of dollars. In turn, Lannister Home Care gives a monthly bonus to your physician friend based on the sales that the patients referred to by his practice generate in equipment and supplies. Your friend is under the impression that the monthly bonus is given to him because he provides patients with a list of all durable medical equipment stores in the area. In his mind, there is no overt referral to Lannister Home Care. However, the bonus 5 increases and decreases based on the number of patients that come from his practice. The Dr. Baratheon never sees these increases and decreases in the bonus because his billing manager intentionally never reveals it to him, and he never knows to ask. He just assumes that all is being lawfully run. Lannister Home Care bills Medicare or the patient's health insurance company if the item is covered by the patient's insurance plan. What advice do you give to your friend, Dr. Baratheon?