criminal-and-civil-liability-a-risk-for-healthcare

SOLUTION AT Australian Expert Writers

https://www.beckershospitalreview.com/hospital-management-administration/criminal-and-civil-liability-a-risk-for-healthcare-administrators.html. What these pieces show is hospital administrators may be seeing more, not less liability, based on their administrative duties. As future administrator’s, do you agree or disagree with the legal principles and doctrines, such as ostensible agency and respondeat superior or vicarious liability for extending liability from a tortfeasor to a hospital, as a principal, especially when its medical staff or employees are those responsible for a harm or injury? Based on readings in modules 2 and 3, should hospital administrators have a legal shield from liability caused by its healthcare professionals, as its agents? Recall from your readings that a healthcare enterprise engages of a variety of workers, which become either employees or independent contractors. And the status of a worker also impacts a hospital’s exposure for liability, where a hospital, as an enterprise, may be more vulnerable to legal claims arising from the acts of its employees than its independent contractors. So, there are legal considerations a hospital must consider when it brings a new member into its work force, and thus principles of contracting matter. In cases of credentialing and privileging of a hospital’s staff, members of its administration (e.g. members of an executive board and a credentialing committee) are making judgments on the information before them. Reality is these members may have direct control over their decisions, but they may not have direct control of the day-to-day actions of their employees or medical staff members. Under the law, administrative members may become responsible for a variety of wrongful and criminal acts committed by their workforce members. Does the threat of personal and enterprise liability actually achieve the goals of tort and criminal law by encouraging health care administrators to exercise due diligence and oversight of their hospital and its workforce? Does the potential for greater damage awards create greater transaction costs for the US health care delivery system? 

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