Legal Aspects of Health Care Mod 4 Case

TUI University

BHM443 Legal Aspects of Health Care

Module 4 CASE

23 November 2010

What is liability? Defined as something for which one is liable; an obligation, responsibility, or debt. (law.com-law dictionary). Health care organizations as well as companies in the corporate world are commonly seeking to have the highest profit margins possible. With the success that organizations commonly have is a great deal of responsibility is also present for the products or services they are providing as well and this responsibility extends to the individuals receiving the goods or services. Employees as well as independent contractors performing services for an organization are held liable in one way or another for the work they are performing. The organization may also be held liable for the employee or contractor’s actions given the circumstances.

There are clear distinctions between corporate criminal liability and vicarious

liability, which basically boils down to the issue of restitution of the damages

caused by the impact of a negligent act of an employee of an organization. With corporate criminal liability, the corporation is held responsible for any

error committed by their employee. There are a few factors that need to be assessed on whether an error was committed and if the employee that is being held responsible for the error was completely aware of the organization’s policies, procedures or protocols and willfully violated the company standards. In order for the violation to be considered a criminal liability it must be found that the employee’s actions brought discredit upon the organization and the actions must have also had a negative effect on the organization’s ability to conduct business.

Vicarious liability on the other hand is different from corporate liability in the sense that when an employee commits a negligent act, the superior is held liable

for such...