Nonfeasance holds that failure to act when there is a duty to act as a reasonable person would in a similar circumstance it is negligence (Pozgar, 2012). In this case, RJ consults five other orthopedic surgeons in her town with the same training and experience, and they collectively determined the first surgeons’ treatment plan was inappropriate for the patient and can be used to prove her case. The surgeon failed to do what is understood as the normal standard of care for RJ, as the appropriate care, treatment, or procedure was not given and RJ was harmed as a result (“Mistakes of Omission,” 2012). While informed consents are often used to satisfy the legal requirements, it does not mean hospitals and physicians will avoid lawsuits. Physicians should utilize the informed consent documents as a tool to guide the discussion of the various risks, benefits, and alternative treatment available to a patient as an open dialog (Pozgar, …show more content…
These safeguards aim to cover the security management process in an organization by evaluating and determining what risks exist to PHI collected and stored. Covered entities that include health plans, health care clearinghouses, and health care providers transmitting patient information are obligated to implement security procedures that reduce PHI breaches(“Summary of the HIPAA Security Rule”, 2013). These covered entities must establish security personnel, security policies and procedures as well as information access management to limit the use and disclosure of PHIby non-authorized personnel(“Summary of the HIPAA Security Rule”, 2013 and Pozgar, 2012). Access must only be permitted to pertinent staff, and only and to provide care to patients (Pozgar, 2012). An important function an organization administration is responsible for is providing training of security policies and procedures and the enforcement of sanctions for violators (“Summary of the HIPAA Security Rule”,