The viability of any negligence claim, including a medical negligence claim, is predicated on the defendant’s duty to exercise reasonable care. In a medical negligence claim, this duty arises out of the physician-patient relationship. Sample of problems and practices resulting in physician liability include the physician’s use of an unprecedented procedure that results in patient’s […]
Example or specimen of problems and practices resulting in nursing liability include improper and/or inappropriate administration of medications; negligent injections; failure to follow a physician’s orders; departure from acceptable practices; burns; infections; inappropriate care of the patient; inappropriate delay in treatment; failure to follow medical and clinical instructions; failure to follow vital signs and symptoms; […]
The liability of foreign objects left inside of patients during operations depends on court opinions on whether the sole responsibility of the operating instruments are for the job responsibility of either the operating room personnel or the physicians or both. The responsibility of accounting for sponges, instruments and other foreign matters may lie with both […]
When there is a disagreement with a physician’s order, a nurse should not be negligent on its medical practice. A nurse should be responsible for making complete inquiry about the accuracy and uncertainty of a physician order, in a patient’s record. For example, in the case of Louisiana of Norton vs. Argonout Insurance Co., the […]
Quality improvement (QI) practices represent a leading approach to the essential, and often challenging, task of managing organizational change. Statistical process control (SPC) is, in turn, a key approach to QI. SPC was developed in the 1920s by the physicist Walter Shewhart to improve industrial manufacturing. It migrated to healthcare, first in laboratory settings (eg, […]
The conditions under which healthcare providers maybe prosecuted under criminal laws are the provision of false claims; False Claims Act of 1986 prohibits knowingly presenting or causing to be presented to the government a false claim or false records or statements for payment of benefits or defrauds the government by getting a false claim allowed […]
If a physician is employed by the hospital, the hospital can be held vicariously liable for the physician’s negligence. The plaintiff must show that the physician was employed by the hospital at the time of the alleged negligence and that the negligence occurred within the scope of the physician’s employment with the hospital. A negligent […]
Admissible evidence is evidence, which can be brought forward in a court of law to support or undermine a legal case. In order to be considered admissible, evidence must meet certain standards, with the standards being especially high in criminal cases. Disputes over the admissibility of evidence often play a role in major trials, with […]
Medical staff bylaws generally are binding on the parties—the organized medical staff and the hospital or health care entity that approves and signs them. Medical staff bylaws consist of the individual medical staff members, applicants, and other practitioners who have been granted clinical privileges. A number of jurisdictions have held that medical staff bylaws always […]
Governing body of an organization are those members/persons, committees or departments who make up a body for the purpose of administering the health of an organization, such as overseeing and controlling the corporation’s daily activities. Responsibilities include being able to legally establish and implement policies and procedures for the management, effectiveness, and operation of an […]