Healthcare Organizations Liabilities- A Wide Road of Legal Pitfalls
Through the legal concepts of "Vicarious Liability" and the theory of "Respondeat Superior," healthcare organizations can be held liable for medical malpractice or negligence committed by employed physicians, agencies, or contracted RNs. The legal principle of "Respondeat Superior" imposes liability on employers for the actions of their employees if those actions occurred within the scope of their employment and were under the employer's control. Translated literally, "Respondeat Superior" means "let the master answer." It is important to note that liability in these cases may not always be attributed to the employer's wrongdoing, as it can also arise from the employer's failure to adequately train, supervise, or monitor an employee who acted negligently. The rules are based on state laws, and employers could be liable for negligent acts by employed physicians, nurses, and other employees.
In today's healthcare arena, agency usage is at an all-time high. How does that affect the organization's liability? Let's look at an agency physician or nurse to understand the risks. The reality is that some state courts have considered the agency physician or nurse a "joint employee" of the agency and the hospital. This legal concept allows the plaintiffs to sue the healthcare organization, agencies, and contracted nurses together in the suit. The "Joint Employee" opinion could potentially leave the healthcare organization at high risk for the recovery of damages. It is best to consult with legal counsel to mitigate risk by performing prudent due diligence on the agencies and potential professionals within the agencies.
