Negligent hiring arises when one party is held liable for another’s negligence; because party one placed party two in a position of responsibility and an injury resulted from this placement. Negligent hiring is generally found where the employee who caused the injury has had a reputation on record that showed their potential to misuse any kind of responsibility. This record should be easily found, if the employer conducted a search. If a patient or another employee can prove there is a record of previous negligence on the guilty employee, the hospital or health care organization can be held responsible for the negligent acts of their employee. It is important that the human resources department to be very familiar with the risks and do their best not to hire employees who are likely to become problematic in the future. When a company hires a new employee, what they do not know about their new hire may hurt them. Most health care organizations are familiar with negligent hiring. But, it is impossible to say whether or not they are taking the necessary steps to avoid bad hires (Hauswirth, 2009). No employers, not even health care organizations, are invulnerable to a lawsuit and litigation resulting from their negligent hiring practices. In the current economy, with theft and violent behavior on the rise, it is essential for health care organizations to establish effective risk prevention measures in order to protect the company from a negligent hiring lawsuit (Hauswirth, 2009). If the organizations recruiting and hiring practices are careless, a hospital or health care organization can face unwelcome consequences. Negligent hiring claim that results from one bad hire could engulf an entire company or hospital in a lawsuit, whi... ... middle of paper ... ...t is important for human resources to do the best they can to find out everything they need to about the applicants they screen. Background and reference checks are crucial before any applicant is hired. Negligent hiring claims can be costly and the only one to blame is the hospital. If human resources did not find important information regarding the background of an employee and the patient filling the lawsuit can, the hospital will more than likely be found negligent. Careful and smart hiring will save a hospital a great deal in fees and their reputation. Works Cited Hauswirth, W. (2009, September). Negligent hiring: employer risk . Retrieved from http://www.iso.com/Research-and-Analyses/ISO-Review/Negligent-Hiring-Employer-Risk.html Pozgar, G. D. (2007) Legal aspects of health care administration. (10th ed.). Mississauga, Canada: Jones & Bartlett
Many policies have shaped Canadian healthcare. In 1962, Saskatchewan enacted the Medical Care Insurance Act (MCIA). The MCIA provided coverage in the province for services provided by physicians. Physicians were allowed to bill the patient for any amount over what the government would pay. Other provinces began considered similar programs. In 1966, the federal government passed the Medical Care Act. Under this act physician services were covered under programs administered at the provincial level. The fees were split at a 50% rate between the federal and provincial governments. Another act, known as the Hospital Act allowed the provinces to develop their own health plans. Some provinces took a more inflexible approach to billing. After these acts were implemente...
While working at the OB-GYN department in the hospital, Dr. Vandall, as a Vice Chair of the Department of Obstetrics and Gynecology, learned that another employee of the hospital, Dr. Margaret Nordell was engaged in a level of treatment that was unethical and violated accepted standards of care. It was his duty to the hospital and to the patients, to monitor the competence of his staff members. Although he tried to take the proper steps to deal with it within the hospital, he ended up reporting this to the North Dakota Board of Medical Examiners. It was concluded by the Board that the treatment of Dr. Nordell was gross negligence and they suspended her license to practice medicine.
Nursefinders argues that the causes of action based on respondent superior liability failed because Drummond was a special employee of Kaiser or acted outside the course and scope of her employment. they also asserted that no triable issues listed on Montague’s negligence claim and the lack of cable cause of action precluded a derivative loss of consortium claim.
In the case of Tomcik v. Ohio Dep’t of Rehabilitation & Correction, the main issue present was the medical negligence demonstrated by the staff of the medical clinic at the Ohio Department of Rehabilitation and Correction towards the inmate Tomcik. Specifically, nonfeasance, or the “failure to act, when there is a duty to act as a reasonably prudent person would in similar circumstances” (Pozgar, 2016, p. 192), was displayed when the employees at the medical clinic failed to give immediate medical attention to Tomcik when she continually signed the clinic list and “provided the reason she was requesting
Steiner, John E. (2013). Problems in health care law: challenges for the 21st century (10th ed.). Burlington, MA: Jones & Bartlett Learning.
Today, many health care organizations have been forced to reduce their workforce due to the downturn of the economy. Marshall and Broas (2009) state that whenever health care organizations conduct a reduction in force (RIF); there is the potential for legal risk. However, with proper planning and implementing, employers can minimize the risk of litigation (Marshall & Broas, 2009; Segal, 2001). Hence, before carrying out a 10% reduction in workforce, there are a number of steps that need to be taken to ensure it is successful.
Showalter, J. S. (2012). The Law of Healthcare Administration (6th ed.). Chicago, IL: Health Administration Press.
Medical malpractice has become a controversial social issue. From a doctor’s standpoint, decisions and preventative actions can alter the medical malpractice lawsuits filed against them. In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014).
Forrester, K., & Griffiths, D. (2010). Essentials of law for health professionals. Sydney: Mosby Elsevier. Retrieved from Google Books.
Jacobson, P. (1999, July/August). Legal challenges to managed care cost containment programs: an intital assessment. Courts & Managed Care, 69-85.
Health care managers could create a project team to review these policies and create reports on what polices they have for medical errors and what polices would need to be created and approved to prevent medical errors. To determine the polices that would need to be created could come from research from within the facility on the types of medical errors that has occurred within their facility. Policies could be created based on research on the types of preventable medical errors that has happened at other facilities to prevent them from happening at their
That is the rising number of negligent acts committed by medical professionals. Failure to follow standard of practice is the leading root cause of the troubles involving malpractice. Failure to assess and monitor the patient, failure to communicate, medication errors, negligent delegation or supervision and failure to obtain informed consent from patients are the top failures leading to malpractice. The American Nurses Association provides scopes and standards that if followed could prevent many of the negligent acts. Duty, Breach of Duty, Foreseeability, Causation, Injury, Damages must be proven for a nurse to be held
Niles, N. J. (2011). Basics of the U.S. health care system. Sudbury, MA: Jones and Bartlett.
Berman, M. L. (2011). From Health Care Reform to Public Health Reform. Journal of Law, Medicine & Ethics, 39(3), 328-339. doi:10.1111/j.1748-720X.2011.00603.x
The Lewis Blackman Case: Ethics, Law, and Implications for the Future Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008). The Lewis Blackman Case 1 of 1 point accrued