Question

Dr. Michael Cuss has had admitting privileges at Hapless Hospital for the past 6 years.  Hapless is incorporated as a not-for-profit corporation.  Its by-laws provide that the board members must include the city health commissioner, the mayor or his/her delegate, and one city council member.  The city has a contract with Hapless in which Hapless agrees to provide care for indigent patients of the city.  Payments to Hapless under this contract make up 40% of the Hospitals revenue.  The commissioner, mayor and councilperson have been very active on the board.

Dr. Cuss has an abrasive personality and is considered a maverick among the physicians at Hapless.  Although Dr. Cuss' relationships at the hospital have never been entirely cordial, there have been no serious problems until recently when he began to expand his practice by employing a nurse practitioner and a physician's assistant (PA).  Dr. Cuss is very vocal about the hostility he perceives on the part of the staff at the hospital toward his new employees.  He has spoken to the administrator and told him that he would sue the hospital if the administrator, the medical staff or hospital employees interfered with his practice.

The administrator and president of the medical staff last month received letters from several doctors on the staff reporting that the nurse practitioner employed by Dr. Cuss made house calls on patients and that the PA prescribed medications.  They also stated that his supervision of the PA was inadequate.

Under a provision in the by-laws, the administrator and the president of the medical staff summarily suspended Dr. Cuss privileges.  Their action was discovered and reported by the local newspaper.  Many of Dr. Cuss patients left him and his employees resigned.

Dr. Cuss has filed suit against the hospital.  What is the basis of his cause of action?  What theories of liability will he include?  Will he be Successful?  Why or why not? Be sure to include all possible theories and rationales.

Answer 1

The basis of his cause of action in this scenario is that he has lost his previlages in the hospital ,lost his position and job and there is a loss financially .

The theories of liability which can be included by Dr Cuss are

• Theory of misinterpretation (That he is wrongfully claimed for the act, which has led to defamation and loss of patients quantity and their belief on his treatment so far.
• Her can even use the theory of breach of warranty. That he was not provided to be guilty woth adequate evidences .
• Civil liability to regain his reputation by declaration of non issues on him
• Vicarious liability as the mistake is committed by the NP and the PA but not by Dr. Cuss
• Remedial liability as he owed certain position in the hospital with certain previlages.

The chance of the success is possible if the jury is moved for the liability which is categorized to be civil, remedial or vicarious because every individual deserves the rights to do certain things on previlages if anything wrong happens then they can use the civil liability to prove their innocence .Similarly if the mistake is done by the subordinates who are educated and capable of making decisions but their act if affects the reputation of their supervisor or head then they can escape through the vicarious liability theory that they are not actively involved .