Learnscape Case Study: Hospital Nightmare
HEALTH CARE LAW 2
Topic: Using Learnscape Case Study and prepare a one to two (1-2) paragraph journal entry in
which you make your recommendation to Jeff Passmore concerning the. … which you make your
recommendation to Jeff Passmore concerning Mrs. Smith’s case, as discussed wi
Learnscape Case Study: Hospital Nightmare
A successful claim of negligence must establish the existence of duty of care, breach of
duty, verification of injury and causation. A duty of care arises from a legal obligation of care,
observance or performance imposed on a party to safeguard the rights of another. The hospital
and its employees owed a duty of care to Mrs. Smith on ground that she sought the hospital’s
medical services and was attended to by the hospital’s employees. The hospital breached its duty
by not making sure that Mrs. Smith could not contract a staph infection or that she got attended
to immediately she got the infection. As a result of complications of the infection, Mrs. Smith
contracted an autoimmune disease. The staph infection was caused by the negligence of Dr.
Patrow, the hospital’s employee, who failed to take reasonable steps to ensure that the infection
could not spread through contact such as changing gloves between each patient and washing
clothes out of the room.
The doctrine of Respondeat Superior applies in this case. The hospital is liable for the
wrongful acts of its employees due to the fact that it failed to ensure that there were adequate
rules and procedures, that the rooms contained adequate gloves for every patient, that the
physicians washed their hands out of the room, and that the staff members were properly trained
on dealing with infections. Thus, the hospital is vicariously liable for the injury caused to Mrs.
Smith by the negligence of its employees. Mrs. Smith is entitled to indemnification by the
hospital for the injury. Mrs. Smith should be indemnified the costs incurred for treating the
autoimmune disease.
HEALTH CARE LAW 3
Reference
Learnscape. (2012). Hospital Nightmare. Jones & Bartlett Learning.
