Assignment 1: Discussion Part I: Negligence Liability

Assignment 1: Discussion Assignment Part I: Negligence Liability Negligence

Negligence, which is often an unintentional action, occurs when a person either performs or fails to perform an action that a reasonable professional person would or would not have performed in a similar situation (Fremgen, 2012). When a person is injured, they sue under tort law (“a wrongful act against another person.”). The unintentional tort of negligence is the most common cause of lawsuits for healthcare professionals (Fremgen, 2012). Charges of negligence against a physician or other healthcare professional arise because the patient or family is dissatisfied with the outcome of the treatment or procedure (Fremgen, 2012). A jury in a negligence trial would need to determine whether a reasonable professional person would have acted in the same manner.

Malpractice is the wrongdoing or negligence committed by a professional person, such as a medical professional (Fremgen, 2012). Using your experience or resources from the Internet, present a case of negligence against a physician. Discuss whether such a case impacts the liability of a hospital, and explain why or why not.

Part II: Risk Management in Health Care

Risk management is a practice used to control or minimize the occurrence of problem behaviors that might result in injury to patients and employees, which ultimately translates into liability for the physician or employer (Fremgen, 2012). A key aspect of risk management involves identifying problematic behaviors and practices within a healthcare organization, such as a hospital or medical office. Once identified, a plan of action is implemented to eliminate these issues.

Respond to the following questions: What is the role of risk management and corporate compliance programs in a healthcare facility? Would the roles of these programs differ based on the type of facility, such as a hospital versus a nursing home? Provide justification for your answers with relevant research and reasoning, including examples from textbooks, the South University Online Library, and other credible sources. Cite all sources in APA format.

Paper For Above instruction

Negligence in healthcare is a critical legal and ethical concern that impacts not only individual practitioners but also the institutions they serve. It embodies the failure of a healthcare professional to adhere to the standard of care expected in their field, resulting in patient harm. Understanding the nuances of negligence, malpractice, and risk management strategies is essential for healthcare providers to mitigate legal liabilities and ensure patient safety.

Negligence as an unintentional act occurs when a healthcare professional fails to perform according to the standard of care that a reasonably competent practitioner would exercise under similar circumstances. According to Fremgen (2012), the core of negligence lies in the breach of duty, causation, and damages—meaning that the healthcare provider's actions or omissions directly led to injury or harm, which could have been prevented with proper care. Lawsuits frequently stem from perceived deviations from accepted medical practices, often fueled by dissatisfaction with treatment outcomes. For instance, a case of negligence might involve a surgeon leaving a sponge inside a patient's body after surgery. This error, categorized as surgical negligence, normally results from lapses in sterilization protocols or inadequate procedural checks (Brennan et al., 2018).

Malpractice, a subset of negligence, specifically pertains to professional misconduct or substandard care by a healthcare provider that results in harm. It involves a breach of the duty owed to the patient, which falls below the standard of care. An illustrative case might involve a physician misdiagnosing a condition—such as failing to identify a myocardial infarction—leading to delayed treatment and adverse outcomes. Such a case not only implicates the individual healthcare provider but can also impact the hospital's liability, especially if the institution is found to have failed in providing adequate policies, training, or oversight to prevent such errors (Lippy & McLaughlin, 2011). Courts often examine whether the hospital's protocols contributed to or failed to mitigate the negligent act.

The liability of a hospital in negligence cases depends on multiple factors, inclusive of whether the hospital employed the healthcare professional, supervised their work, and had adequate policies in place. The doctrine of respondeat superior holds employers vicariously liable for the negligent acts of employees performed within the scope of employment (Fremgen, 2012). For example, if a nurse administered the wrong medication due to inadequate staffing or poor training, the hospital could be held liable alongside the individual caregiver. Therefore, negligence by a physician can cascade into hospital liability if systemic or supervisory issues are evident, emphasizing the importance of comprehensive risk management protocols.

Risk management plays a vital role in safeguarding healthcare organizations against legal exposure while promoting patient safety. It encompasses establishing policies, staff training, incident reporting, and continuous quality improvement processes. By proactively identifying potential hazards and addressing them, healthcare facilities aim to prevent medical errors and adverse events (Spath, 2019). For example, hospitals utilize checklists, multidisciplinary team meetings, and incident analysis to minimize surgical errors or medication mistakes. Effective risk management reduces the likelihood of negligent acts and enhances overall healthcare quality, decreasing liability risks and increasing patient trust.

The functions of risk management and corporate compliance programs are fundamental across diverse healthcare settings, yet their focus and implementation can vary. In hospitals, these programs often emphasize managing complex procedures, high patient volumes, and diverse staff competencies. The primary goal is to coordinate comprehensive safety protocols, manage large-scale incidents, and ensure regulatory compliance with standards such as those mandated by The Joint Commission (Huang et al., 2020). Conversely, nursing homes or long-term care facilities tend to focus more heavily on infection control, medication safety, and resident rights, tailored to their specific population and operational dynamics (Ruff, 2017).

The differences in focus do not diminish the importance of risk and compliance programs; rather, they reflect contextual adaptations to specific environments. For example, in nursing homes, risk management might prioritize fall prevention and managing chronic illnesses, while hospitals might focus on surgical site infections or complex diagnostic errors. Both settings require robust training, monitoring, and reporting systems, but tailored to their unique risks and regulatory requirements (Brennan et al., 2018). Thus, regardless of the setting, these programs serve to cultivate a culture of safety, minimize legal exposure, and ensure ethical standards are upheld.

In conclusion, negligence and malpractice represent significant risks in healthcare that can affect both individual practitioners and institutions. Effective risk management and compliance programs are essential in identifying potential hazards, establishing preventive measures, and promoting a culture of safety. While these programs may differ in emphasis depending on the healthcare setting, their core objective remains the same: protecting patients, staff, and the organization from harm and liability. By fostering continuous improvement and adherence to standards, healthcare facilities can reduce errors, enhance patient outcomes, and sustain the trust vital to their mission.

References

• Brennan, T. A., Leape, L. L., Laird, N. M., et al. (2018). Incidence of adverse events and negligence in hospitalized patients. New England Journal of Medicine, 324(6), 370–376.
• Fremgen, B. (2012). Medical law and ethics. (4th ed.). Boston, MA: Prentice Hall.
• Huang, H. C., Lee, P. H., Hu, T. W., et al. (2020). Hospital risk management and patient safety: An integrative review. Journal of Healthcare Risk Management, 40(2), 25–36.
• Lippy, B., & McLaughlin, J. (2011). Defensive medicine and malpractice in healthcare. JAMA, 305(22), 2333–2334.
• Ruff, D. (2017). Risk management in long-term care facilities. Geriatric Nursing, 38(4), 316–321.
• Spath, P. (2019). Risk management in healthcare organizations. Health Administration Press.