Corporate negligence is the legal doctrine that holds health-are facilities and hospitals liable for any patient injury. Prior to the enactment of the corporate negligence doctrine, hospitals were often immune to lawsuit for the malpractice or negligence of its doctors and medical staff.
Instead, the client usually had to file their claim against an individual such as a doctor or the lead medical personnel. Under corporate negligence doctrines, a client may be able to sue the health care business as a whole for negligence of its employees.
The corporate negligence doctrine requires health plan providers and medical organizations to:
- Ensure clients that their doctors are properly qualified and certified to provide treatment; and
- Create and execute policies that allow the client to receive quality medical treatment and care.
Who Can Be Held Liable for Corporate Negligence?
Corporate negligence liability often applies to smaller healthcare businesses and organizations. Liability may also extend to any surgeons or specialists who practice at the hospital, regardless of whether they are technically employed by the hospital, although this varies by state.
This often allows the client to recover damages in instances where they might have been more limited in the past. Corporate negligence laws may also apply to other entities that provide comprehensive medical care for clients, including nursing homes, dentist offices, and medical clinics.
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What are Some Examples of a Corporate Negligence Violation?
There are many types of actions and conduct that could qualify as a corporate negligence violation. These actions include:
- Failing to check doctor credentials;
- Performing a license check that is not thorough enough;
- Failing to maintain and provide a safe, clean medical environment;
- Failing to properly train medical employees; and/or
- Implementing policies that are unsafe.
Health care organizations may also be required to remove any doctors or medical staff who are known to pose risk to patients and clients, such as if they have a history of medical malpractice or have violated medical industry standards.
Does Corporate Negligence Apply to Nursing Homes?
Yes. Any type of healthcare organizations can be held negligent for a patient’s injury under the corporate negligence doctrine. Any small healthcare business, including a nursing home, medical clinic or dentist's office could be held responsible for the actions of their employees if the patient is injured.
Basically, any facility that provides comprehensive care can be found liable under this doctrine, and the definition of comprehensive care has be expanded to cover many areas.
Are There Any Legal Remedies for Corporate Negligence Violations?
Corporate negligence policies allow a patient to sue a hospital or medical organization for the misconduct of an employee and other related affiliates. This can result in legal remedies such as a monetary damages award to compensate the client for economic losses.
This can cover expenses such as medical bills, lost work wages, and other costs. Depending on the facts for the case, other consequences may occur, such as the termination of a doctor’s employment arrangement with the organization.
Should I Hire a Lawyer for Assistance with Corporate Negligence Issues?
Corporate negligence doctrines often allow clients to receive compensation for faulty medical care and other issues. Medical negligence cases can often be highly complex, especially when it comes to determining who exactly is responsible for a client’s losses.
You may need to hire a personal injury lawyer in your area if you need legal assistance with corporate negligence claims. Your lawyer can research the laws and represent you in court to help you receive the appropriate legal remedy.