Question

What implication does the result in this case have with respect to employees maintaining their own malpractice insurance?

CASE STUDY 4

FACTS: A female patient was admitted to a hospital ICU in a diminished mental and physical condition. She claimed that the medications she was given keep her in an impaired mental state. She alleged that while in the ICU in this diminished capacity, she was sexually assaulted by a male registered nurse.* The patient sued the hospital for assault, battery, and intentional infliction of emotional distress.1 Although the patient could have named the assailant in this case, the plaintiff did not sue him. Is the hospital liable as the employer?

Answer 1

In my opinion employers are responsible for the actions of the employees because ultimately, employees report to their employers. If the hospital had an effective monitoring system, it could have prevented the incident.

To be frank the hospital management can only dismiss the employee who has committed the malpractice because at the end of the day, the employee has to answer as an individual who committed that malpractice. But if the hospital is trying to protect the employee, then it becomes the sole responsibility of the employer.