Question

LIABILITY SITUATIONS

Review each of the following scenarios. Determine:

1. If liability exists

2. Who would be held liable

3. What action, if any, should be taken

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1. Amy H. RHIT, works at the Release of Information desk at Goodwill Hospital. In a hurry one day, she gave out information without a valid authorization.

2. Ben B. is unhappy with the way his broken left wrist healed. He states that the bone does not feel right and he experiences pain when he uses his left arm. Ben’s surgeon, Dr. Jones, told Ben he was just a chronic complainer and withdrew from Ben’s case.

3. Mary K., a patient arriving for her scheduled appointment at your clinic, tripped on a crack in the clinic’s sidewalk. An x-ray clearly shows a broken left radius.

4. Tim H. was being transported from his hospital room to the x-ray department in a wheelchair by Gwen R. Suddenly, the right wheel came loose. Time fell to the floor receiving a slight concussion and laceration above his left eyebrow.

5. Ruth W., R.N. incorrectly read the physician’s order and gave her patient 50 mg. of Demerol instead of 25 mg.

6. Nancy Q. underwent abdominal surgery. Dr. Blake performed the surgery with surgical technicians, Mary R. and Sally Y. assisting. The next day Nancy experienced post-operative abdominal pain and a retractor was discovered in the surgical site.

7. Peter R. was having a skin lesion removed by Byron F. using an electro-cauterization instrument. Suddenly, the instrument malfunctioned and a spark was emitted which burned Peter’s arm.

8. A new piece of laboratory equipment was installed while Terry P. was on vacation. Upon his return to work, Terry used the machine without instruction and made an error in the reading of a patient’s test result which resulted in a misdiagnosis.

9. Wendy R., one of the admitting clerks, was transporting Ted R. to his room in a wheelchair. Wendy saw one of her friends in the hallway, started talking, and accidentally ran into the side of a door frame which caused an injury to Ted’s right foot.

10. Rita died as a result of complications during surgery. The family settled with the surgeon, Dr. Tucker, out of court. Could there be a possible liability action against the hospital?

11. Paul S. underwent orthopedic surgery and was discharged with an appointment to see the surgeon in one week. Paul arrived for the appointment on the given day and was told that the surgeon, Dr. Jackson, had decided to take a vacation day. No message or instructions were left for Paul.

Answer 1

1)Miss Amy is liable. She was careless to provide information to someone without any proper background check.Her action can cause serious damage to the company and the person whose information was given. Thus a proper explanation must be given by Miss Amy and action should be taken according to the company's policy so that it won't be repeated.

2) Dr Jones is responsible for his patients . As a doctor he needs to help the patient to recover and any complaints must be assessed by him .He is responsible for making his patient understand that there is no problem if no problem was found. Dr Jones needs to be given a warning to behave well with his patients.

3)Nobody is liable as this is a minor accident.

4) It is the liability of the nurse and the person transporting the patient as they had to check the wheel chair before sending the patient to ensure safety. Warning can be given to both and an explanation for careless attitude.

5) The RN is liable as she violated the rights of drug administration. As action patient needs to be assessed for any unusual symptoms of overdose. The RN needs to address her superior with proper explanations and needs to be given a memo or warning.

6) The doctor and the technicians are responsible as they were careless and should have counted all the instruments before closing up. They can face legal issues as it would have cost them the life of the patient.