Part I: Negligence Liability
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 often 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 not happy with the outcome of the treatment or procedure (Fremgen, 2012). A jury in a negligence trial would have to determine if a reasonable professional person would have done the same action. Malpractice is the wrongdoing or negligence committed by a professional person, such as a medical professional (Fremgen, 2012).
- By using your experience or resources on the Internet, present a case of negligence against a physician.
- Will such a case impact the liability of a hospital? Why or why not?
Part II: Risk Management in Health Care
Risk management is a practice used to control or minimize the incidence of problem behavior that might result in injury to patients and employees, and ultimately, it becomes a liability for the physician/employer (Fremgen, 2012). A key factor in risk management is to identify problem behaviors and practices in an organization such as a hospital or medical office. A plan of action is then put into practice to eliminate these problem behaviors.
Accordingly, respond to the following questions:
- What is the role of risk management and corporate compliance programs in a health care facility?
- Will the role of these programs differ depending on the type of the facility, for example, hospital versus nursing home? Why or why not?