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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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

7) Nobody is liable for the incident as it happened suddenly in between the surgey but it is mandatory to be careful to thoroughly check the instruments before use.

8) Terry is liable as he did not check with any other about the instructions of machine which has led to a medical error. Therefore, Terry needs to explain his action and a legal issue could be faced by him or a restriction to practice.

9) Wendy is responsible as she could have been very careful when she is handling the patient. She has caused harm to the patient due to carelessness. She can be asked to explain and can be given a warning or temporary dismissal for carelessness to ensure she doesn't repeat it.

10) The hospital is out of liability as she died due to the complication of the surgery and moreover the legal action if taken will involve the surgeonbut the family has settled already with the doctor. So no liabilities can be claimed.

11)In this case if doctor has given him direct appointment the doctor should have informed the concerned person in the team about rescheduling the appointments. But if the hospital has arranged the appointment they should have informed the patient in both the cases. As a solution a free appointment can be arranged for the patient or any other doctor can be arranged for a check up.