Medical profession has a broad spectrum of ethical and legal issues at a broader organizational level as well as at an individual level. While it is an individual who actually delivers the services, it is because of the brand that a patient goes in. Hence, it is logical to extend the responsibility of omissions and commissions from the individual caregiver to the organization also.
Negligence has serious connotations in any profession, but more so in the medical profession. A simple injection administered through the wrong route (for example, an IV (intra-venous) injection administered as an IM (intra-muscular) injection could result in severe reactions in the patient’s body and could be even fatal. Negligence could be either inadvertent or deliberate. However, the consequence will always impact the patient. The famous case at the Sarojini Devi Eye Hospital, where a nine people lost eyesight due to the surgery having been conducted for the wrong eye, is a classic case of negligence due to commission.
The numerous deaths that occurred due to inaction of caretakers to deliver even lifesaving services like calling in the medics and emergency services in situations where the elderly go into a state of shock resulted in death which was later verified and is today a classic case of negligence by omission. One of the intensely diabetic patients, who needed acute care, was neglected because, managing the patient meant working through severe stench and was continuously neglected and finally the patient was allowed to die. This is a case of negligence by omission.
While an individual delivers services, it is under the umbrella of an organization that these services are delivered. Federal legal systems, as well as legal systems in almost all countries take cognizance of this and make both the employer as well as the individual employee responsible for the acts both in omission and commission.
Articles for negligence as an act of commission:
http://www.nursingcenter.com/lnc/journalarticle?article_id=423284
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2779965/
http://www.indianjurol.com/article.asp?issn=0970-1591;year=2009;volume=25;issue=3;spage=361;epage=371;aulast=Joga
Articles for negligence as an act of omission and might occur in an assisted living facility:
http://www.miamiherald.com/2011/05/03/2199740/assisted-living-facility-caretakers.html
http://www.cbsnews.com/news/assisted-living-erratic-regulation/
http://www.southfloridainjurylaw.com/elder-abuse-claims.html
Bibliography
Michael Sallah, C. M. (2013, March 09). Assisted-living facility caretakers unpunished: ‘There’s a lack of justice’. Retrieved June 27, 2014, from Miami Hearald - Neglected to Death: http://www.miamiherald.com/2011/05/03/2199740/assisted-living-facility-caretakers.html
NDTV. (2012, May 27). Nine go blind after operation in Andhra Pradesh. Retrieved June 27, 2014, from NDTV: http://www.ndtv.com/article/cities/nine-go-blind-after-operation-in-andhra-pradesh-216530
