Outpatient Surgery Magazine

Heavy Duty - October 2016 - Subscribe to Outpatient Surgery Magazine

Outpatient Surgery Magazine, providing current information on Surgical Services, Surgical Facility Administration, Outpatient Surgery News and Trends, OR Excellence and more.

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Page 42 of 126

heparin lock remain in place. The court addressing the suit found that the plaintiff's question of whether the hospital's poli- cy of letting heparin locks remain in place for 72 hours was appropriate in the face of evidence that an appropriate time limit was instead 48 hours. The corporate liability claim ques- tioned the sufficiency of the hospital policy itself, not the staff or physician's actions. Are you at risk? While courts have expressly said that patients can sue hospitals if they break one of these 4 duties, it can vary from state to state for ambulatory surgery centers. However, a few recent cases seem to sug- gest that the doctrine will extend to most corporate entities providing health care. OSM Mr. Francis (cwfrancis@burnswhite.com) and Ms. Riley (arriley@burn- swhite.com) are attorneys in the healthcare and long-term care group at Burns White, where they defend hospitals, physicians and long-term care facilities in pro- fessional and general liability litigation from the firm's Wilkes-Barre, Pa., office. O C T O B E R 2 0 1 6 • O U T PA T I E N TS U R G E R Y. N E T • 4 3 Under a doctrine called corporate negli- gence, patients can sue your hospital or sur- gical center directly if your facility breaches any of these 4 duties: 1. A duty to use reasonable care in the maintenance of safe and adequate facili- ties and equipment. 2. A duty to select and retain only competent physicians. 3. A duty to oversee all persons who practice medicine within its walls to patient care. 4. A duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for the patients. CORPORATE NEGLIGENCE Your Facility's 4 Distinct Duties Pamela Bevelhymer, RN, BSN

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