Litigation against a corporation is usually an uphill battle for a plaintiff, due to the seemingly unlimited resources of the corporation. However, in healthcare administration Hospitals and their governing corporate bodies are clearly responsible for the well being of patients. Procedures for initiating litigation against are also clearly defined by observation of precedent. However, corporate tactics for shifting the blame of negligence appears to be a common occurrence and thus healthcare administrators must be aware of their applicable responsibly.
Healthcare clients faced with the need to litigate may be entering disputes that include, but are not limited to; Managed Care Network Disputes, Management or Services Contract Disputes, Pharmaceutical Related Litigation, Class Actions, Internal Compliance Investigations, and more (Types of Negligence in the Hospitality Industry). Due to such a broad array of potential ligation topics a specific subject of litigation may likely follow established precedent. Precedent will generally outline the litigation initiation procedures, and detail the prevalent practices of the prosecution and defense (Colitz, 2013). The influence of corporate influence in the healthcare litigation process is evident. Healthcare facilities such as hospitals, nursing homes, and clinics are responsible for ensuring the well being of their patents and instances where there is clear negligence, will lead to litigation. This report will outline common practices in the litigation against the governing bodies of Hospitals (Types of Negligence in the Hospitality Industry). Crucial steps for conducing a legal trial, including the steps for initiating a trial will be described. The responsibility of the governing body of a Hospital, with respect to its employees, under the “Respondeat superior” legal doctrine will be investigated.
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"Health Law – Responsibilities of the Hospital Corporate Body".
The procedure for initiating healthcare related litigation will begin with the plaintiff (individual or group bringing the case against another), who must provide a written statement describing in detail the controversy that has occurred. The plaintiff must also describe how the controversy is valid for the court to take enforceable action. Usually, the plaintiff will not submit the complaint themselves but will employ the use of a reputable law firm. This is considered to the first phase of the litigation process and is termed “pleadings” (Colitz, 2013). During the pleadings, complaints related to negligence of a; provider, pharmaceutical company, insurance agency, or healthcare administration group etc. will be filed and cases where there appears to be legal precedent for the court to act, the plaintiff may request an injunction (Colitz, 2013). Subsequently, this may mean that a healthcare related entity must stop a certain practice. This may include; ceasing the manufacture or administration of a medical device or drug (Pharmaceutical), or halting practice all together. The subsequent phases for initiating litigation will be; the discovery phase, the filing of motions, and if necessary, the initiation of trial. Healthcare related causes of action are likely to be considered “Torts” and are thus the result of negligence or product liability (Colitz, 2013).
The influence of the current hospital corporate structure in litigation has led to difficulty in attaining placing responsibility on one or more individual. As a result of the complex corporate structures of hospitals, the entire hospital is usually subject to punishments that are handed down by courts.
Under the respondeat superior legal doctrine, a corporation will be held liable for activities of their directors, officers, and additional employees (Uncontrollable Variables That Affect the Hospitality) Industry. The doctrine will function to define the role of a corporation when their employee may be negligent, within the scope or course of their employment. Therefore, a company is liable for harm that may befall an individual that is caused by the direct or indirect action of an employee. A hospital must therefore ensure that all of their employees flow necessary procedures. One famous example that has set precedent in the healthcare industry is Thompson v. Nason Hospital, where courts ruled that a hospital providing comprehensive healthcare services may not be immune from malpractice suits.
During this case the hospital attempted to delegate responsibility to surgeons and therefore any malpractice on their behalf was not related to the Hospital itself. The court rebuffed the stance of the hospital and set precedent that hospitals are required to hire competent surgeons and supervise them appropriately (Types of Negligence in the Hospitality Industry). Additional negligence that is commonly yields hospital related lawsuits include; slip and falls, a lack of appropriate security and, illnesses related to food and beverage consumption. However, if corporate negligence can be invoked against a particular employee with supervising responsibilities (I.e CEO or director), the director may also be liable for negligence (Colitz, 2013).
While it is clear that there may be uncontrolled variables that affect the hospital industry. It is clearly the responsibility of the hospital and its board of directors to assume appropriate responsibilities as an entity. As such one individual or a group of employees is unlikely to be targeted for litigation as long as the work that is being performed is within the scope of their job (Types of Negligence in the Hospitality Industry). The discovery process will usually elute substantial evidence that will add clarity to any healthcare related case (Colitz, 2013). Furthermore, the corporate veil may not be pierced in Hospital negligence related litigation unless the CEO or applicable director is clearly responsible for order an action knowing that it was against approved procedure or practice. The outcome is usually a settlement in monetary compensation for the plaintiff or clearance from guilt for the Hospital (Colitz, 2013).
In conclusion, the complex structure of Hospitals and healthcare related corporations ensure that responsibilities are divided and shared such that patients receive appropriate care to maintain their well-being. For events where there is a clear negligence on behalf of the Hospital or one of employees who is acting within the scope of their job, the Hospital corporation must assume full responsibility of the employees actions. Hospital tactics that attempt to place fault on one or more employees must always exposed and the administration should always assume its appropriate responsibilities as a healthcare provider.
