Legal Evaluation of Hospital Liability in Medication Errors Through the Four Elements of Negligence
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Medical Error Quiz: Episode 2 – Medication Errors
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Analysis of Hospital Liability Following a Medication Error
The medical staff of a hospital consists of licensed physicians and other healthcare professionals, including physician assistants, nurses, and nurse practitioners. Before granting clinical privileges or employment, healthcare organizations are responsible for conducting reasonable investigations into each candidate’s qualifications, experience, and professional licensure. Under the principle of corporate negligence, a hospital may be held liable if it fails to exercise reasonable oversight and that failure contributes to patient harm (KC & R, 2021). For example, a hospital may be legally responsible if it grants privileges to an unqualified practitioner or retains a provider known to be incompetent. To determine the hospital’s liability in this case, interviews with hospital personnel and consultation with the General Counsel focused on the four elements of negligence: duty of care, breach of duty, injury, and causation.
Evaluation of the Four Elements of Negligence
Following interviews with hospital staff, several findings emerged. Regarding the duty of care, the treating physician was responsible for administering the correct antibiotic but lacked the qualifications necessary to perform medication administration safely. Concerning the breach of duty, the physician administered an excessive dosage despite understanding the potential risks associated with medication overdoses. The investigation also revealed that the child received an antibiotic that had been incorrectly prepared in the hospital pharmacy. Although the child’s condition was stable upon arrival, it deteriorated after administration of the medication. The combination of inadequate staff training, improper medication preparation, and the administration of an overdose directly contributed to the child’s death. Based on these findings, the hospital bears responsibility for the incident because of organizational negligence and failures in patient safety.
References
KC & R. (2021, January 5). What is hospital negligence: When should you file a lawsuit? Kamensky Cohen & Riechelson (KC & R). Retrieved from https://www.northeastphiladelphialaw.com/blog/what-is-hospital-negligence-when-should-you-file-a-Lawsuit/