Chapter 4 Forms Of Mpl

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Captain of the ship and borrowed servant doctrines borrowed servant doctrine provided that

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While the hospital did employ a staff the staff acted only under physician supervision and not under Hospital supervision so if nurse negligently injured a patient the negligence was attributed to supervising physician who borrowed the nurse from the hospital

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Captain of the ship doctrine

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Special case of the bar and servant doctrine applied in operating rooms. In operating room the surgeon as captain who select staff and the Rexall actions. Under this doctrine surgeon is responsible for supervising all members of operating room team. Liability of medical staff members under physician supervision still rested solely with physician

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Respondeat superior

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Latin for Lakemaster answer is the most common example. Employer is liable for employees negligent actions. For example nurse employed by Hospital injures patient through her negligence then hospital is held liable for her actions in the capacity as the nerve of the nurses employer. The relationship exists regardless of whether the hospital has direct control over her actions

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Ostensible agency or apparent agency

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If person is believed to be acting in providers behalf, provider can be held responsible for negligence

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Regarding independent contractors hospitals may be held liable if

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– Hospital created an impression the physician was an agent or employee through advertisement signage or other means – patient relied on hospitals conduct – hospitals conduct would lead a reasonable person to conclude the physician was their agent or employee

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Hospital sources of liability

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Failure to admit a patient in appropriate discharge and abandonment Bandan meant of patients, failure to monitor observe, failure to notify physician's or seek appropriate consultations, failure to provide or maintain equipment, failure to prevent falls or injury in at risk patients, failure to hire qualified staff, adequately research credentials or supervise staff adequately, failure to perform adequate peer or quality reviews
Failure to promulgate or follow applicable policies and procedures, medical surgical medication or anesthesia errors

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Federal and state statutes prohibit hospitals from

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Refusing to treat or admit patient based on race color religion or inability to pay for treatment. To prohibit dumping of patients emergency medical treatment and active labor act was enacted

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Various laws in each state pertain to medical care provided by healthcare facilities. Examples include:

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Elder abuse laws, child abuse laws, privacy laws, health and safety regulations requiring verification of correct site of surgery, laws regarding screening of newborns for certain conditions
If any violated, statutory liability claim can be made

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Federal laws pertaining to healthcare facilities
EMTALA

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Emergency medical treatment and active labor act emtala
1986 imposes to obligations on hospitals. First hospital must provide appropriate medical screening exam to determine whether emergency medical condition exists or patient is in active labor. Second – if screening examination reveals such an emergent medical condition exists, hospital must provide stabilizing treatment for such a patient.
If a patient is injured because Hospital didn't provide appropriate screening or because it didn't stabilize their condition before releasing or transferring patient, then that person may hold the hospital liable for violating EMTALA

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Federal laws pertaining to healthcare facilities health insurance portability and accountability act hipaa

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1996- requires healthcare providers to protect privacy and security of patients medical info. Provides guidelines regarding how information is used and disclosed by those who have access. Require healthcare providers to use appropriate administrative, technical, and security methods in all communications involving medical info to ensure only those with valid need have access. Failure to comply with hipaa may result in civil and criminal penalties

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General hospital- acute care hospital

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A.k.a. community Hospital design to deal with many kinds of disease and injury and has emergency room to care for patients in immediate need. Typically has a number of beds for intensive care and long-term, with specialized facilities for surgery childbirth labs and other areas. Usually conduct operations in every field of modern medicine. Majority of the us hospital are
- General Hospital may not be able to offer latest specialized treatment for every disorder such as neuro surgery and cardiac. Trying to facilities may not be available in General Hospital's either

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Specialty hospitals

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Specialize In particular field
Often involved in cases of serious or highly unusual medical problems. Some considered centers of excellence. May lack facilities and staff to provide comprehensive care and generally don't have a emergency room

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Specialty hospitals

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Specialize In particular field
Often involved in cases of serious or highly unusual medical problems. Some considered centers of excellence. May lack facilities and staff to provide comprehensive care and generally don't have a emergency room

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Teaching hospitals

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Training site for physician and healthcare provider
-usually affiliated with the medical school which means patients have access to highly skilled specialists who teach medical students or residents and familiar with most recent developments. Much of care provided in teaching hospital can be provided by interns and residents.

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Specialty hospitals

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Specialize In particular field
Often involved in cases of serious or highly unusual medical problems. Some considered centers of excellence. May lack facilities and staff to provide comprehensive care and generally don't have a emergency room

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Teaching hospitals

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Training site for physician and healthcare provider
-usually affiliated with the medical school which means patients have access to highly skilled specialists who teach medical students or residents and familiar with most recent developments. Much of care provided in teaching hospital can be provided by interns and residents.

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Psychiatric hospitals

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Institution that is primarily engaged in providing medical services for diagnosis and treatment of mental illness. Offer a variety of inpatient and outpatient services. other therapy programs are incorporated into services provided. Such as substance-abuse occupational therapy physical therapy and speech therapy

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Long-term care facilities

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Provide housing personal support services nursing and access to healthcare two persons who are not capable of performing daily activities. Provide extended medical and rehab care for patients. Examples independent living facility, assisted living, skilled nursing, nursing home, continuing care retirement center

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Ambulatory surgery centers

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Healthcare facility specializing in providing surgery/pain management, certain diagnostic services in the outpatient setting. Do not provide emergency services. Orthopedic gastroenterology, I and other types of surgery such as plastic surgery now performed in ambulatory surgery centers. Used for performing surgery on patients who do not require hospitalization because procedures shouldn't take more than 23 hours for prep sure very and recovery. But can care for overnight

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Misc healthcare facilities

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Hospice, dialysis center, medical spa, fertility clinic, outpatient clinic, testing lab, urgent care, blood bank