1. Identify each cause of action that is pursued and the plaintiff and defendant to the lawsuit
The general procedure of the case will involve investigating the concepts of the case and applying the legal scholarship to the facts that are demonstrated. The specified facts that will allow the families in the case to bring a case against the hospital include a major lack of consideration regarding the potential hazards that were made evident in the report filed by the Joint Commission. The failure of the hospital to develop solutions to these problems resulted in various medical issues
This demonstrates various issues that are implicated in the case as well. First of all, there was no investigation of the NCIU nurse who was suspected of theft. This lack of consideration demonstrates a major violation of hospital policy (Ottenwess, 2011). Furthermore, there seems to have been unrestricted access to medication, which is evident in the report that was provided to the hospital. Another main concern of the case is that there was no means for others to report these problems to superiors in a way that would make them feel safe. Finally, after the problems that occurred with the premature birth, the hospital failed to look into further developments that would result from the mistakes that were made.
2. For each cause of action provide:
a. The name of the cause of action
The cause of action can be called a breach of duty on the part of the nurse as well as the hospital. Through improper care, neglect, and medication errors the nurse that was employed by the hospital caused harm to the newborn (Palmisano, 2013).
b. A very brief summary of the facts as it relates to the cause of action
The cause of action relates to neglect on the part of the hospital in ensuring that their patients received the best possible care. The NICU nurse was having psychological and drug issues and the hospital failed to ensure that the medications that their employees had access to were properly tracked. This essentially resulted in an overdose of medication and the onset of what will likely be long term medical effects to the newborn (The Hospital of Death, 2016).
c. The rule(s) that should be applied. Include all elements of the rule if it has multiple parts.
The rule of corporate liability should be applied to the case. This is due to the poor decision that the organization made in the selection and retention of its employees as well as the failure to properly maintain the grounds in a safe and effective manner. The organization has an obligation to ensure that their staff is qualified and that they are only able to access those tools or medications that they are skilled enough to handle (Alabousi, 2011).
The hospital also failed to implement policies, rules, and effective communication methods that would ensure the safety of its patients. Furthermore, they failed to recognize the need to enact disciplinary measures when there were rumors and complaints about the nurse's behavior. For this reason, they will have to “prove that they received substandard medical care” (Budetti, 2005, p. 2).
d. How the plaintiff and the defendant would apply the rule for their side so they will win their case at the trial level
Likely sources of application for these complaints include the reimbursement of medical bills associated with the health issues that their child will face in the future. Furthermore, they would likely be able to argue that due to pain and suffering as well as emotional distress they should receive punitive damages (Goguen, 2015). In this way, their case can also be established.
e. Likely outcome of the case and your rationale. Include what your recommended damages would be for each lawsuit.
I believe that the holding of this case will be that the hospital is liable due to the lack of consideration in regards to the care that they provided to their patients (Danzen, 1991). The implications of this will be that they will owe damages to the family and will have to reassess the safety of their organization in the future.
References
Alabousi, A. (2011). Medical Malpractice Litigation: Myth or Growing Crisis. Medicine and the Law.
Budetti, P.P. (2005). Medical Malpractice Law in the United States. Henry J. Kaiser Foundation.
Danzon, P.M. (1991). Liability for Medical Malpractice. Journal of Economic Perspectives. Vol. 5, No. 3, 51-69.
Goguen, D. (2015). Injury Lawsuits Against Hospitals & Doctors: Medical Malpractice Overview. All Law.
Ottenwess, D.M. (2011). Medical Malpractice Tort Reform. Health Management.
Palmisano, D.J. (2013). Health Care in Crisis: The Need for Medical Liability Reform. Yale Journal of Health Policy, Law, and Ethics. Vol. 5. No. 1.
“The Hospital of Death” (2016). Case Study.
