The Snow Storm Lawsuit
Strayer University
Identify and explain at least three legal considerations.
The first legal consideration in this case is related to corporate liability. The hospital itself is negligent under this doctrine. Corporate negligence is the failure to provide the equipment, facilities, and staff to carry out the duties of the corporation in accordance with the established standard of conduct (Showalter, 2007). Corporate negligence is evident in this case in regard to the failure to ensure that sufficient healthcare personnel were available to provide the established standard of care to the patients in the facility. Moreover, the personnel that were required to remain at the hospital from the day shift were likely
…show more content…
Therefore, an increased incidence of falls and resulting injury are a foreseeable result of the staffing shortage.
Identify and explain three ethical considerations. Leaders in healthcare organizations are often faced with a variety of ethical issues. Ethical considerations will be discussed from a leadership perspective. The ethical considerations related to this case are the responsibility to patients, responsibility to employees, and responsibility to the organization. Responsibilities to patients includes providing quality care that meets established standards, ensuring there are mechanisms in place to monitor and evaluate the performance of healthcare personnel, hiring and retaining competent professional staff that meet licensing and accreditation standards, and consistently reviewing, researching, and implementing evidence-based practices. This case fails to demonstrate ethical conduct in terms of responsibilities to patients specifically in regard to staffing, which, in turn affects quality of care. Responsibilities to employees include providing an adequate and safe work environment, ensuring that employees are equipped with equipment, facilities, and sufficient staff to perform their duties within the established standards of care, promoting the appropriate use of employee’s knowledge and skills, and providing a mechanism for employees to voice ethical concerns. This case fails to meet this ethical standard as evidenced by not providing sufficient
While the seriousness of a patient’s death should be investigated, the hospital failed to act promptly and investigate the supervisor’s or human resource (HR) department’s denial of reasonable accommodations or the previous errors made by the nurse. Therefore, the wrongful termination seems more likely to have been the case in this situation. The defense will show that rather than terminating her employment earlier the hospital waited until something catastrophic happened. The nurse took appropriate action discussing her health condition diagnosed by her physician that precludes her from working in the ER at full capacity with her supervisor. The nurse should have been given alternative assignments as appropriate or disability leave if no other alternative was available and should not have been terminated wrongfully after the incident (Pozgar,
What should healthcare professionals do if their ethical values differ from those of their employer? Discuss several options.
Healthcare organizations have a moral and social responsibility to ensure that their communications are conducted using an outlined code of ethics. Whether the communication is an internal message to employees or mission outreach in the community, it must reflect the values and beliefs of the organization. Therefore, in order to establish and maintain the standard of ethical behavior and social responsibility, our organization requires all employees to complete new employee orientation sessions that define the policies and expectations. This orientation introduces our mission and values and it develops the foundation for our success as an organization. Our focus on encouraging and communicating ethical practices helps to reinforce our values to employees and the community. Furthermore, there should be a process in place that monitors and enforces the policies to safeguard against potential errors that would reflect poorly on the organization’s mission.
The Plaintiffs felt that since the hospital was licensed and accredited that they should be held responsible for their employees and their actions. It states in the regulations that any infraction of the bylaws imposes liability for the injury. At any time if Dr. Alexander had questions or concerns he could have reached out to an expert in this field to consult
Healthcare Administrators have an obligation to act in ways that will merit the trust, confidence and respect of health care professionals and general public. Therefore healthcare administrators should lead lives that embody an exemplary system of values and ethics. According to Gostin, (2001) “healthcare administrators have commitments and obligations to patients or other served to provide the best quality of care”. Healthcare administrators also have the responsibility to themselves, to their organization, to the clientele served by the organization, and to the employees who provided services at the organization to protect patients’ rights and their privacy.
A 1. The leader chosen for this ethical report is a Certified Nurse Assistant that was promoted to a team leader. The team lead of a residential care facility has demonstrated the ability to distinguish when a fellow employee is performing duties according to policies and to reward for positive behavior. One of the team leaders, ethical traits is to lead by example, she sets up the structure in the organization that applies to neatness and tidiness and expects other team mates to do the same. She tries to follow the policies of the organization and promotes the importance of doing the right thing. This team leader has learned the importance of leading by example, due to if she doesn’t follow protocol the negative consequences will be detrimental to patient care. This team leader has developed policies that have been implemented regarding safety of the resident. The second ethical trait that this leader portrayed is the developing values for her and others. This leader believes in taking the company’s values and instilling it in her own daily life. She assures that the other staff members are aware of the company’s values and the mission. The golden rule "treat others as you want to be treated" is the model of this individual. Unruly behavior is not tolerated by this team leader. Whenever the team leader discovers that values are not being followed in the work environment, she will counsel the individual, by given a verbal warning. If the behavior continues the team leader
There was a lot of literature on health care clinical ethics, considerably less literature on health care organizational and administrative ethics. Many times what is good for health care business may not be ethical, causing an "ethics gap." Ethics gaps can be identified and corrected by careful analysis of an institution's organizational culture. A true case study on how a nurse was able to change a tainted organization into a responsible one by ethics infrastructure changes. Finally, implications for health care were addressed.
The authority of the hospital is dependent on the relationship between the hospital and physician. Hospitals are liable for the negligent acts of its employees based on the respondeat superior doctrine. Normally, organizations are not liable for negligent acts of independent contracted physicians, but the sheer existence of a contractual relationship does not eliminate the potential liability. “In Gonzales v. Nork & Mercy Hospital, the hospital was found negligent for failing to protect the patient, a 27-year-old man, from acts of malpractice by an independent, privately retained physician.” “It was found that the hospital knew or should have known of the surgeon’s incompetence because the surgeon previously had performed many operations either unnecessarily or negligently (Pozgar, 2009, p.99). The existence of a joint venture between Dr. Smith and the hospital guarantees joint liability for any negligent act (Pozgar, 2009).
This paper explores the importance of professionalism, ethical standards, professional conduct, and the importance of each in the health care system. These roles can have a positive or negative effect, or become determining factors for patients or individuals when choosing a health care facility. As the top administration of Well Care Hospital, it is my duty and role to ensure all staff members are conducting themselves in a professional and ethical manner, and following policy and procedures regarding patient’s and their medical information. The ramification or consequences I will implement if employees or staff members violate our professional code of conduct policy or security policy to prevent another security breach in the near future.
Ethics in Nursing Background The situation that will be discussed in this paper is nurse staffing adequacy, scenario seven. This is a nurse-organization ethical dilemma. Ethical dilemmas can arise for many different reasons some are because there may be a difference in a nurse's and an organization's values, patient needs, and expectations (Porter-O'grady & Malloch, 2016). This specific situation arises because when nurse-patient ratios are above optimal level, patient care is compromised.
Healthcare organizations around the world face significant challenges associated with the limited resource allocation against the competing opportunities. The demand for health care exceeds the available resources, thus necessitating proper planning and prioritization to optimize performance. Moreover, there are inevitable changes that healthcare organizations witness daily. First, there are critical ethical issues facing patient care, which require practitioners and agencies to uphold moral virtues, duties, and principles that are central to patient care (Ulrich et al., 2010). Secondly, there is an increasing difficulty in meeting the needs of the progressively informed, demanding, and non-loyal
Ethics Committees are formed to help hospital and medical personnel resolve ethical issues that arise in their facility. The ethics committee members are a mix of hospital personnel, including physicians, nurses, administration, social work, chaplains and others. This intra-professionals team works together to assure quality patient care in their facility. To achieve their goal the members must work together with open communication, mutual respect, and shared decision making. I will discuss three points related to the ethics committee, 1) the development, structure, importance and goals of the ethics committee; 2) the importance of intra-professional collaboration, including the role
A medical professional has many legal responsibilities to uphold in the healthcare industry. A medical professional must always be “the best professional by providing the most professional, efficient, and effective service for the patients” (Flight & Pardew, 2018, 2011). A medical professional must understand basic knowledge of the laws and regulations of the state. The medical professional must also understand HIPAA and privacy laws. When a medical professional is working for an employer the most important legal obligation is the standard of care. Physician and nurses are held to a higher standard of care, but in each case regarding the standard of care can result in lawsuits, revocations, and criminal charges if not followed. The standard
I personally never experience any ethical or legal issues within a healthcare organization. On the other hand, there are many issues that can happen. First, balancing quality care and safety with efficiency is one of the many challenges facing in healthcare systems. I think by improving access to care is a concern because everyone should have access to basic medical care. Another issue that may happen is data privacy. This has become a huge concern within the healthcare, because patients’ information is not respected and violating patient trust in the organization. It is an essential component of treatment. To avoid any issues, first you must follow the laws and regulations which it should be guidelines to direct you if you find yourself in
The importance of Well Care Hospital is for the top administrator to conduct himself/herself within the healthcare scenery. It is also important that the top administrator knows all the healthcare laws at Federal, state and local levels. Knowing these laws will help the administrator be knowledgeable while interacting at all different levels. This paper will discuss the position as the top administrator concerned about the importance of professional conduct within the healthcare setting, the major ramifications of having professional staff compromise the boundaries of ethics and medical conduct, the four elements required of a plaintiff to prove medical negligence, and the overarching duties of the health care governing board in mitigating the effects of medical non-compliance, as they apply to the rules of practice set forth in the Well Care Hospital governing board’s manifesto.