After an incident where a patient developed a life-threatening staph infection following surgery at the hospital, a negligence lawsuit was filed against Bright Road Health System. As the Hospital Administrator, the student will gather information about the incident from the parties involved, and work with Bright Road’s General Counsel to determine the Hospital’s liability. The student will need to consider:
- Whether a duty to care was established
- Whether the duty was breached
- Whether there was an injury
- Whether the cause of the patient’s injury was due to negligence
- Whether the concept of respondeat superior applies in the case
- Whether to file an indemnification against any of the staff members involved
The student will then submit an analysis to Bright Road’s General Counsel, with their thoughts regarding the hospital’s liability.
- Work through the simulation
- Answer all the questions
- Submit your recommendation
Expert Solution Preview
Introduction:
The following is an analysis of the negligence lawsuit filed against Bright Road Health System after a patient developed a life-threatening staph infection following surgery at the hospital. As the Hospital Administrator, I will gather information about the incident from the parties involved and work with Bright Road’s General Counsel to determine the Hospital’s liability. I will consider the following factors:
1. Whether a duty to care was established:
The hospital had a duty to provide care to the patient during and after the surgery. This duty was established at the time of admission and was accepted by the hospital.
2. Whether the duty was breached:
The hospital breached its duty of care by not taking appropriate measures to prevent a staph infection from occurring. This breach happened because of the negligence of the hospital staff which includes the surgical team, the nurses, and other staff members who were responsible for the patient’s care.
3. Whether there was an injury:
Yes, there was an injury. The patient developed a life-threatening staph infection as a result of the hospital’s negligence. This infection resulted in prolonged hospitalization, additional medical expenses, and emotional distress.
4. Whether the cause of the patient’s injury was due to negligence:
Yes, the cause of the patient’s injury was directly linked to the hospital’s negligence. As mentioned earlier, the hospital staff was responsible for the patient’s care, and they failed to take the necessary precautions to prevent the infection.
5. Whether the concept of respondeat superior applies in the case:
Respondeat superior is a legal doctrine that holds employers liable for the actions of their employees. In this case, the hospital could be held responsible for the actions of its staff members. This concept applies in this case because the hospital staff was acting within the scope of their employment when providing care to the patient.
6. Whether to file an indemnification against any of the staff members involved:
Indemnification is a legal agreement that holds another party responsible for any losses or damages suffered by the hospital. In this case, the hospital may consider filing an indemnification against the staff members responsible for the patient’s care, as they were negligent in providing appropriate care to the patient.
Recommendation:
Based on the information gathered, I recommend that Bright Road Health System accepts liability for the patient’s injury and compensates the patient for their expenses and emotional distress. The hospital should also take appropriate measures to prevent such incidents from occurring in the future. Additionally, an indemnification should be filed against the staff members responsible for negligence.
