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Suits Against Health Care Employers
Liability claims against health care facilities, including hospitals and nursing homes, often include claims of negligent hiring, supervision and/or credentialing in addition to the “traditional” theories of medical malpractice litigation. For many years, state courts debated whether a hospital's alleged acts in credentialing physicians fell within the scope of the “treatment and care” of patients. While the majority of jurisdictions now appear to recognize private causes of action against a health care facility based upon alleged improper hiring, retention or credentialing of professional staff, there is no uniformly accepted standard of care nationwide. Accordingly, specialists and the occasional practitioner in this litigation field are equally well advised to monitor the developing common law of their jurisdiction in the litigation of cases presenting such claims.
Negligent Hiring
Multiple theories have been advanced on which to premise negligent hiring liability claims against health care organizations. For example, plaintiffs may allege that an employer/hospital knew or should have known of an employee's propensity for the type of conduct that caused the injury. The most sensational example of such litigation arose out of the “Angel of Death” murders perpetrated by a journeyman nurse/technician responsible for multiple patient deaths at more than a half dozen hospitals in the Northeast.
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