The Snow Storm Lawsuit
Name : Ms. Nongluck Loahapoonrungsi
Health Services Policy, Law and Ethics
Professor : Danita Hunter, DHA, PMP
Date : 01/24/11
You are the Chief Executive Officer at a small non-profit community hospital. In January the area was hit by a large snow storm while you were vacationing in the Bahamas. Many of the hospital staff who provided patient care called out from work on the 3-11 and 11-7 shifts. Despite efforts from the nurse managers to get relief staff, only one nurse agreed to come in. As a result, the patient units were understaffed and health care personnel on day shift were required to remain on their assigned ...view middle of the document...
Respondeat superior is the law doctrine in the states which the employer is responsible for the employees’ action in the course of employment. It is the responsible for someone who is the cause of damage to another person in a negligence lawsuit or criminal prosecution. As the case, the nurse on duty walk to get some food because there are not enough nurses to work in that situation. It made the patient to dead because the minor injury, later on the patient’s relationship sued the hospital however the hospital who is employer would responsible for this damage happened. Vicarious liability depends on the responsible for the employees’ performance or action. It is the method under the employee works. A breach of duty is the reasonable care or due care resulted. The problem is the standard which can difference a reasonable people. If a person’s action does not meet the standard of care, it is not meet the duty of care which affect to the person’s injury. Failure the standard is negligence, the damage resulting would be claimed in a lawsuit by the injured party. In the case, there are not enough nurse to make the patient injured because the snow storm. A breach of duty is evident, and to prove negligence.
2. Identify and explain at least three ethical considerations.
The executives or leader will face to the ethical issue in healthcare such as suppliers, patient care decisions. When ethical issues do occur, the leader will set up them to involve its core values. The leader should specify and determine the approach the practical to maintain ethical performance. The ethics for the leader should be followed six specific behavioral traits. First, ethically conscious is dimension and application to one’s daily actions and decisions. Second, ethically committed is aware and consciously of a decision’s ethical aspect. Third, ethically competent is knowledge and understand to make ethically decision. Forth, ethically courageous is not accept with enthusiasm or endorsement. Fifth, ethically consistent is maintain ethical standard, accommodate and justify an action. Sixth, ethically candid is open the complexity conflicting values. As the case, there is not enough doctor and nurse to provide the treatment till the patient got the damage. The ethics should be considered is promoting unrealistic expectation, rationalizing inappropriate or incompetent behavior, failing to acknowledge mistakes. Promoting...