Phase 3 Individual Project
Colorado Technical University Online
Current Legal, Ethical and Regulatory Issues in Healthcare
July 29, 2012
Define Corporate Negligence
Corporate Negligence occurs when any representative acting on behalf of a corporation brings harm either willingly or unintentionally to a third party, then the corporation can be held liable for proper standards of care not being upheld. An example would be that the hospital is responsible for ensuring the care and well-being of the patient while housed in the facility. If the patient does not receive the quality of care he or she is entitled to then this can be deemed negligence. Many nursing home patients that ...view middle of the document...
Whenever there is a situation of harm from the employee to the third party, the employer may be the one to accept liability depending on the nature of the incident, (Pozgar, 2010). An example from a nursing perspective would be for months some nursing personnel at a local hospital have failed to adequately dispose of needles and empty sharps containers when they are half full. This incident was later brought to the administrative department’s attention but they failed to educate and inform nurses the importance of safely disposing away of needles. One of the specific duties of the housekeeping department is to adequately wipe everything down including sharp containers when they clean a room. Due to the negligence of the nurses one the housekeepers when wiping down the surface of the sharps container accidentally got stuck by a needle because the device was past halfway full. The outcome of this third party innocently being stuck would later result in her contracting Hepatitis C due to improper exposure. No record of evidence was found on file of the hospital giving any trainings or warnings to the nurses on this particular incidence. The hospital was later sued due to the fact they failed to correct and instruct the nursing department for not properly disposing the needles safely, (Iyer, 2001). Other unethical actions that could lead to Respondeat Superior actions is Administration allowing physicians to run and operate an emergency room however they see fit without properly overseeing and offering continuing training to the ER doctor. Rural hospitals that have few doctors genuinely give a tremendous amount of authority to the practicing physician in order to continually retain them under their employment for years. The facility even gave incentive to the ER doctor by offering fifty dollars extra per patient admitted in addition to salary. Later administration was warned by other...