Healthcare Law Critical Thinking
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Before hiring of new physicians, the hospital should conduct a proper screening of physicians prior to granting them staff privileges. This is because in the occurrence that the physician is found to have done a medical malpractice, or lacks the proficiency to conduct medical operations, the hospital will be sued by the patient. According to Lashley (2005), this will occur if there is evidence that the physician is found liable for medical malpractice or to have departed from the accepted standards of medical care. It is thus important for the hospitals to screen their physicians so that they can avoid massive costs associated with compensation claims. Additionally the screening enables the hospital to determine if the physicians have the right qualifications for the job that they are applying for. The liability issues that may arise include the causation of physical and emotional injuries, the cause of injury that results in disability to the patient (Physicians National Housestaff Association, 1965).
In the case study provided, Keator was right in suing both the employee and the employer. The employee is sued due to the medical malpractice that resulted to the disability to Keator. On the other hand, the employer was responsible for the actions of his employee. The decisions by the court to absolve the employer of any wrong doing is wrong because it was the responsibility of the establishment to screen his employees before they were granted the privilege go get employee benefits (Richards and Rathbun, 1999). Keator should appeal the decision that the court made. I also disagree with the decision as the process of justice was faulted. Pozgar (2012) notes that all the events that were involved in the medical practice should be answerable for their actions, and they include both the employer and the employee.
Richards, E. P., & Rathbun, K. C. (1999). Medical care law. Gaithersburg, Md: Aspen Publishers.
Physicians National Housestaff Association. (1965). Hospital physician. New York, etc: F & F Publications, etc.
Lashley, F. R. (2005). Clinical genetics in nursing practice. New York, NY: Springer Pub. Co.
Pozgar, G. D. (2012). Legal aspects of health care administration. Sudbury, Mass: Jones & Bartlett Learning.
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