HRM FPX 5401 Assessment 2 Civil and Criminal Law in Healthcare: Memorandum

Student Name

Capella University

HRM-FPX5401 The Legal, Ethical, and Regulatory Environment of Health Care

Prof. Name

Date

Civil and Criminal Law in Healthcare: Memorandum

In healthcare, Human Resources (HR) professionals have numerous responsibilities, from managing personnel to maintaining legal compliance. Healthcare faces legal challenges daily, and the HR department plays an essential role in the health care system. It is important for HR professionals to be fully knowledgeable about criminal and civil law, having the capability to address risks that can affect the well-being of patients, employees, and the organization. When a healthcare organization is faced with a criminal act concerning the safety of a patient, the aftermath can destroy the organization’s reputation, resulting in significant legal consequences. On the other hand, healthcare falls under civil laws, including contracts, malpractice, and employment disputes.

Regarding the incident that happened with Vila Health and the pediatric patient who was given the wrong medication, this memorandum will outline the civil and criminal issues the organization may face legally. This memo will analyze the civil and criminal issues implicated in the incident that happened with Vila Health and the pediatric patient who was accidentally given the wrong medication. It will provide related organizational policies, laws, and regulations in preparation for an informed discussion with legal counsel to address the family’s concerns and protect the organization’s legal interests.

Staff Protocol Interviews

The first step the facility needs to take is to have the “ethics committees review their hospitals’ policies and approach to medical error reporting to determine whether or not the approach is a principled one” (Medical Ethics Advisor, 2011). Once that is established, HR and management will conduct interviews with the doctor, nurse, and pharmacist who were on staff at the time of the incident. During the interviewing process, each healthcare professional should be asked about the standard protocols and procedures for administering medication to patients. The staff will be interviewed individually, explaining the steps they have taken and their role in the matter. This includes how the medication was ordered, received, verified, prepared, and administered.

The interviewing process will determine who and what steps were missing, providing insight into how and where the mishap occurred. It is crucial that these questions determine the knowledge, training, and understanding of medication safety and dosage calculations. Additionally, the documentation and communication processes should be explored to ensure that the appropriate order was written and correctly documented and communicated between the staff. Next, discuss each individual’s specific role and responsibilities, including verifying medication orders, preparing them, and administering them to the patient. Lastly, evaluate what factors contributed to the error. This can include distractions, heavy workload, short-staff issues, or any other circumstances that could have played a part in the incident.

Civil Issues Questions for Counsel

1. Are there potential grounds for medical malpractice in this case?
2. Can the incident be classified as negligence, and if so, what factors need to be established?
3. What are the healthcare professionals’ potential liabilities, including the doctor, nurse, and pharmacist?
4. Are there any potential claims related to emotional distress or psychological harm the patient and their family suffered due to the incident?
5. What are the legal implications if it is discovered that the incident was due to a systemic issue within the healthcare facility, such as inadequate training or flawed protocols?
6. Can the organization be held vicariously liable for the actions of its employees in this case?
7. What potential damages may the patient and their family be entitled to seek in a civil lawsuit?

Response to the Civil Law Issue

In this case, Vila Health’s healthcare facility faces a civil law issue in the form of negligence. “Negligence is a tort, a civil or personal wrong. It is a form of conduct caused by heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on reasonable members of society” (Pozgar, 2020). Examples of the responsible parties are any of the trained healthcare providers who failed to provide adequate care and meet the appropriate standards of care. “When a healthcare provider fails to provide a patient with treatment within the accepted standard of care for that healthcare provider, it is considered medical negligence. When that negligence causes adverse health effects, then it constitutes a medical malpractice claim” (Berger & Green Attorneys at Law, 2023). The administration of the wrong medication caused the patient to suffer an adverse effect for five hours, which could be grounds for a medical malpractice case. To prove medical negligence, the family must show that the “provider had a duty and obligation. The healthcare provider fell short due to medical negligence. The patient was harmed as a direct result. And the patient suffered damages due to the standard of care” (Bieber, 2022).

Criminal Issues Questions for Counsel

1. What criminal laws may be implicated in this case, considering the potential harm caused to the patient?
2. Are there any recklessness or intentional misconduct elements that may contribute to potential criminal liability?
3. What are the potential criminal liabilities of the healthcare professionals involved, including the doctor, nurse, and pharmacist?
4. Have any specific criminal statutes or regulations regarding patient safety or medication administration been breached?
5. What is the standard of proof required in a criminal case, and how does it differ from the burden of proof in civil cases?
6. What potential defenses can be raised against criminal charges in this context?
7. Are there any other potential criminal implications for the healthcare organization itself beyond the actions of individual healthcare professionals?

Response to the Criminal Law Issue

“Criminal negligence is reckless disregard for the safety of others. It is the willful indifference to an injury that could follow an act” (Pozgar, 2020). From the reading of Chapter 4, Criminal Aspects of Health Care, it provided a statement from the case of State v. Brenner, explaining that criminal negligence exists when, although neither specific nor general criminal intent is present, there is such disregard of the interest of others that the offender’s conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful person under like circumstances.

The healthcare professional who gave the child patient the medication is at fault and could be charged with criminal negligence if it is found that the medication was given in a careless and reckless way. To be found guilty of criminal negligence, the patient must be seriously hurt or have died. In this case, to prove that the healthcare provider should face a criminal charge, the prosecutor must prove beyond a reasonable doubt that the healthcare worker performed an act of gross deviation. This means that the healthcare worker’s act must show a wanton disregard for the patient’s safety. “Depending on how badly the patient was hurt, the possible penalties for criminal negligence in this case could range from a misdemeanor charge with a fine and probation to a felony charge with prison time and a significant fine” (Kehoe, 2023).

Conclusion

To sum it all up, healthcare providers do their best to heal or help their patients but sometimes make mistakes. If that mistake results in an injury, the law will allow the patient to file a suit and request compensation. In this case, the medication was given inappropriately accidentally, which would warrant only civil action and not criminal charges. The patient’s family may file a claim of negligence against the facility, doctors, and/or other medical staff involved in the negligence. The plaintiff would have to show the “burden of proof in a negligence case is on the plaintiff to show that the defendant owed a duty of care to the plaintiff, that the defendant breached the duty of care, and that the breach of the duty of care caused the plaintiff’s injury” (Wex Definitions Team, 2023).

References

Berger and Green Attorneys at Law. (2023). What is the difference between medical malpractice and negligence? Retrieved from https://www.bergerandgreen.com/faqs/what-is-the-difference-between-medical-malpractice-and-negligence/

Bieber, C. (2022, October 13). Medical negligence: Legal definition & examples. Retrieved from https://www.forbes.com/advisor/legal/medical-malpractice/medical-negligence/

Kehoe, W. (2023, May 9). Criminal medical negligence examples: When medical malpractice becomes criminal. Retrieved from https://www.wkw.com/indianapolis-medical-malpractice-lawyers/blog/medical-malpractice-become-criminal/#:~:text=Criminal%20medical%20negligence%20is%20when,a%20patient%20in%20some%20way

Medical Ethics Advisor. (2011, May). Responding to medical errors ethically. Retrieved from https://www.proquest.com/docview/866558636?accountid=27965&parentSessionId=9oc67izLcL3KQ%2FdE1cWW08riEz52BacUFNOdI6PSlHE%3D

Pozgar, G. D. (2020). Legal and ethical essentials of health care administration (3rd ed.). Burlington, MA: Jones & Bartlett Learning.

Wex Definitions Team. (2023, July). Negligence. Retrieved from Legal Information Institute: https://www.law.cornell.edu/wex/negligence