Salinsky V. Misericordia Community Hospital Court Case Study

This case is about negligent surgery, which was performed on Mr. Johnson, the plaintiff.The procedure was completed by Dr. Salinsky at the Misericordia Community Hospital. The hospital was not accredited by the Joint Commission when this incident took place. Because of the negligent procedure, the patient was left with a paralytic condition of his right thigh muscle. This injury was permanent. Dr. Salinsky settled before trial, but the hospital argued that negligence was involved. When Dr. Salinsky applied for orthopedic privileges he stated in his application that he was on the active medical staff at other hospital facilities and his privileges had never been revoked or suspended. The application he filled out stated that any misstatements or failure to provide information in any area would result in denial of appointment. However, in a different section in the application he did not answer any questions that involved his malpractice insurance. He did declare that he had asked only for surgical procedures in which he was qualified. Misericordia’s medical staff coordinator, Jane Bekos, stated that Salinsky was recommended by a hospital administrator at that time. According to the hospital records, Salinsky approved himself for the appointment and request for orthopedic privileges. At trial, it was explained by two
Salinsky’s negligence. Salinsky was an independent contractor and not an actual employee of the hospital. The claim is about the duty of care the hospital should be providing to its patients. If a hospital fails to examine its applicant’s credentials thoroughly, it could potentially result in unqualified employees. Having unqualified surgeons or doctors would automatically create an unnecessary risk of harm. The hospital has a duty to use due care, and the patients are entitled to expect that care. Lack of investigation of medical staff qualifications in this case raised awareness of