Law of healthcare administration
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What are the implications for professional or organizational liability regarding delegation and supervision when the licensed health care professional supervises non-licensed persons in an organization (such as nurses and nursing assistants)?
a. What does it mean for a practitioner to have â??medical staff privileges?â?
b. What steps must an organization take to meet due process requirements for granting or revoking medical staff privileges in the state that you live or work in â?" or would like to live and work in?
c. Are medical staff automatically employees of the hospital? If not, describe their status in relation to the hospital.
d. What obligations do governing boards have, if any, to afford â??due processâ? in the hiring and discharge of anyone on their medical staff?
e. Does the concept of â??medical staff privilegesâ? apply only to hospitals, or can other care settings have credentialing processes in place also? Provide the rationale for your answer.
f. Can non-physicians be granted â??medical staff privileges,â? and if so, under what circumstances
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Law of healthcare administration is emphasized.
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What are the implications for professional or organizational liability regarding delegation and supervision when the licensed health care professional supervises non-licensed persons in an organization (such as nurses and nursing assistants)?
OTA Response: Vicarious liability is a concept that means that a licensed healthcare professional (physician) may be held responsible for the negligence or failure of one of their non-licensed employees. This concept can be extended to the organizational level.
The most well known application of vicarious liability is "respondeat superior" or "let the superior respond". In this, if an employee commits a negligent act and it is shown that the physician was in a position to control the actions of the employee, the physician may be liable. Assessing this control is dependent upon a legal description of a "master and servant ...
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