Question

Dr. Gee is a surgeon at ECH. He is an employee of ECH and is a member of the medical staff. He is 68 years old and has been on staff for 40 years. As an Administrator at ECH, you’ve worked with him for several years. Last week, he came to your office for a meeting scheduled to discuss operating room start times. When he is 10 minutes late, you have him paged. He is apologetic and will be right there. You meet with him for 30 minutes and during that time, Dr. Gee repeats himself multiple times, doesn’t follow the conversation and you notice his right hand is shaking. Surgical staff has reported that other surgeons cover for Dr. Gee. Patients complain he cancels appointments and that his nurse practitioner won’t allow access to the surgeon. Today, you get a call from radiology. A surgical instrument was noted on x-ray of a patient 3 weeks postop. You learn that Dr. Gee performed abdominal surgery on Patient Sheldon 3 weeks ago. Sheldon, a 72-year-old man, was discharged 3 days post-operative and was seen in the outpatient clinic today for his post-operative checkup. He reported pain and nausea. A routine x-ray of his abdomen was ordered and the surgical instrument was identified. Sheldon died from sepsis 6 weeks after his initial surgery when the retained surgical instrument perforates his intestine.

Suit is brought against Emerald City Hospital alleging the Hospital is vicariously liable for the negligence of Dr. Gee. Which of the following is necessary to hold ECH vicariously liable for Dr. Gee’s actions?

Gee is an employee of Emerald City Hospital or was otherwise under the direction and control of Emerald City Hospital when he performed surgery on Plaintiff Sheldon.

Gee breached a duty to provide Plaintiff Sheldon with care that a reasonably prudent surgeon would have provided.

Emerald City Hospital was negligent in failing to provide appropriate and competent surgeon.

Gee’s failure to provide standard of surgical care caused Plaintiff Sheldon injuries.

All the above

a,b and d

T ____ F ____    The Administrator’s knowledge of Dr. Gee’s poor performance and suspicions of impairment can be imputed to the Hospital.

T ____ F ____    The Administrator’s failure to take steps to protect patients from a surgeon the Administrator knows or should know is incompetent or impaired is negligence.

T ____ F ____     Hospital may be prosecuted for billing fraud because the Administrator knew or should have known Dr. Gee was impaired.

T ____ F ____    A nurse can be liable for the negligence of a supervising physician if s/he fails to report her supervisor’s poor performance.

Answer 1

1 a,b,d.Because The administrator learns about Dr Gee condition only on the day of meeting.The surgery was performed 3 weeks before.if the administrator have known about it .he wouldnt have allowed Dr Gee to perform the surgery.

2 False.In this situation The Administrator didnt have any knowledge ofDr Gee condition until he came for the meeting and showed signs ,which made it clearer that he is not well.Also the call from radiology department and the information provided by the siurgical staff confirms the statement.

3True,if the Administrator deliberately has not taken steps to rplace the incometent surgeon then it is definitely a case of negligence.

4False A common form of fraudulent billing is charging for services that are not rendered.In the incident there is no information given about billing.The Hospital is definitely liable for negligence based on the above sceario.

5 True Negligence is defined as a failure to act in a reasonable and prudent manner.Personal liability requires the nurse to assume responsibilityfor patient harm or injury that is a result of his or her negligent acts.Nurses cannot be relieved of liabilityby another profssional suchas a physician or nurse manager.Nurses have a legal duty to refuse specific tasks they cannot perform safely and competently but should consider negotiation and compromise with the superviser.