Civil and Criminal Law in Healthcare: Memorandum

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 Civil and Criminal Law in Healthcare: Memorandum

In the dynamic and fast-paced realm of healthcare, Human Resources (HR) professionals

are tasked with various responsibilities, ranging from managing personnel to ensuring legal

compliance. The healthcare industry is not immune to legal challenges. HR professionals must

be well-versed in criminal and civil law to proactively address potential risks and safeguard the

well-being of patients, employees, and the organization (Harris & Pamukcu, 2020). Criminal acts

can have grave consequences, compromising patient safety, tarnishing the organization's

reputation, and resulting in significant legal ramifications. Simultaneously, civil law governs

various aspects of healthcare, including contracts, malpractice, and employment disputes,

necessitating HR professionals to comprehensively understand these legal frameworks. This

essay analyzes the civil and criminal issues implicated in the incident of administering the wrong

medicine to a pediatric patient, providing guidance for an informed discussion with legal counsel

to address the family's concerns and protect the organization's legal interests.

Human Resource Legal Compliance

Recruitment and Onboarding

One crucial HR practice is the recruitment and selection process. Hiring qualified and

competent healthcare professionals, including doctors, nurses, and pharmacists, is essential to

minimize the chances of medication errors. HR should ensure that candidates possess the

necessary qualifications, experience, and knowledge in their respective fields (Kirya, 2020).

Thorough background checks, credential verification, and reference checks are essential steps to

ensure the integrity of the hiring process.

Communication
 Additionally, HR should establish clear and effective communication channels within the

organization. Proper communication between doctors, nurses, and pharmacists is vital in

preventing medication errors. HR can facilitate the development of a collaborative and

interdisciplinary work culture that encourages open communication, teamwork, and reporting

incidents or near misses (Pomare et al., 2020). This promotes a proactive approach to patient

safety and supports identifying and resolving potential issues before they escalate.

Record Keeping

In terms of healthcare systems, implementing electronic health records (EHRs) and

computerized physician order entry (CPOE) systems can significantly contribute to legal

compliance. These systems help minimize errors associated with handwritten prescriptions and

facilitate accurate medication orders. HR should ensure that healthcare professionals receive

appropriate training on EHRs and CPOE systems to maximize their effectiveness in preventing

medication errors.

Reporting and Investigation

Furthermore, establishing a robust incident reporting and investigation process is

essential for legal compliance. HR should work closely with the organization's legal counsel to

develop procedures for reporting incidents, conducting investigations, and implementing

corrective actions. This ensures that any adverse events are promptly addressed and lessons

learned are integrated into practice to prevent similar incidents in the future.

Information From Interviews

Medication administration process: The interviews should explore the standard

protocols and procedures followed during medication administration. This includes

understanding how medication orders are received, verified, prepared, and administered.

Gathering information about the specific steps taken in this case can provide insights into

potential points of failure.

Knowledge and training: Assessing the knowledge and training of healthcare

professionals is crucial. Questions related to their understanding of medication safety, dosage

calculations, and protocols for double-checking medications can help determine if any gaps in

knowledge or training may have contributed to the error.

Documentation and record-keeping: Explore the accuracy and completeness of

documentation related to medication administration. Inquire about recording medication orders,

administration details, and any deviations from standard protocols. This information will be

crucial in assessing compliance with documentation requirements.

Individual responsibilities and accountability: Clarify each healthcare professional's

specific roles and responsibilities. This includes understanding who was responsible for verifying

medication orders, preparing them, and administering them to the patient. Determining

accountability can aid in identifying any lapses in fulfilling these responsibilities.

Factors contributing to the error: Delve into factors that may have contributed to the

medication error. This can include examining potential distractions, workload, staffing levels,

environmental factors, or any other circumstances that may have played a role in the incident.

Civil Law Issues

List of Questions Addressing Potential Civil Issues

 1. Are there potential grounds for a medical malpractice claim in this case, considering the

administration of the wrong medicine to the pediatric patient?

2. Can the incident be classified as negligence, and if so, what factors need to be established

to support a negligence claim?

3. What are the healthcare professionals' potential liabilities, including the doctor, nurse,

and pharmacist?

4. Has there been any breach of duty by the healthcare professionals in providing care to the

pediatric patient?

5. Are there any potential claims related to emotional distress or psychological harm the

patient and their family suffered due to the incident?

6. What are the legal implications if it is discovered that the incident was due to a systemic

issue within the healthcare facility, such as inadequate training or flawed protocols?

7. Can the organization be held vicariously liable for the actions of its employees in this

case?

8. What potential damages may the patient and their family be entitled to seek in a civil

lawsuit?

9. Are there any legal defences that can be raised in response to a civil claim, such as

contributory negligence or assumption of risk?

Responses to the Civil Law Issues

Several elements of civil law come into play in the context of the potential civil issues

resulting from this patient's care. The parties involved include the pediatric patient and their
family as plaintiffs and potentially the healthcare professionals and the healthcare organization as

defendants.

The burden of proof typically lies with the plaintiff to establish a civil claim. They would

need to demonstrate the following elements:

1. Duty of care: Healthcare professionals owe a duty of care to the patient to provide

treatment per the standard of care expected in their profession.

2. Breach of duty: The plaintiff must establish that the healthcare professionals breached

their duty of care by administering the wrong medicine, leading to an adverse effect on

the patient.

3. Causation: The plaintiff needs to prove a causal link between the breach of duty and the

harm suffered by the patient.

4. Damages: The plaintiff must show that the patient experienced physical, emotional, or

financial harm due to the incident.

Criminal Law Issues

List of Questions Addressing Potential Criminal Issues

1. What criminal laws may be implicated in this case, considering the potential harm caused

to the patient?

2. Are there any recklessness or intentional misconduct elements that may contribute to

potential criminal liability?

3. Is there any evidence of fraud or deceit concerning the medication administration

process?
 4. What are the potential criminal liabilities of the healthcare professionals involved,

including the doctor, nurse, and pharmacist (Cobun, 2019)?

5. Have any specific criminal statutes or regulations regarding patient safety or medication

administration been breached?

6. What is the standard of proof required in a criminal case, and how does it differ from the

burden of proof in civil cases?

7. What potential defences can be raised against criminal charges in this context?

8. Are there any other potential criminal implications for the healthcare organization itself

beyond the actions of individual healthcare professionals?

Responses to the Criminal Law Issues

Several elements of criminal law may be relevant in the context of potential criminal

issues resulting from this patient's care. The parties involved typically include the healthcare

professionals responsible for administering the wrong medicine and potentially the healthcare

organization itself.

To establish criminal liability, the burden of proof rests with the prosecution, who must

demonstrate the following elements (Sandra & Panji, 2022):

1. Criminal intent: The prosecution needs to establish that the healthcare professionals acted

with criminal intent, such as through recklessness, gross negligence, or intentional

misconduct.

2. Causation: The prosecution must prove that the actions of the healthcare professionals

directly caused harm to the patient.

 3. Violation of criminal statutes: The prosecution needs to demonstrate that the actions of

the healthcare professionals violated specific criminal laws or regulations related to

patient safety, medication administration, or related offences.

Conclusion

In conclusion, the incident of administering the wrong medicine to a pediatric patient

necessitates a comprehensive understanding of both civil and criminal law within the healthcare

context. Organizations can proactively mitigate risks and uphold patient safety by analyzing HR

practices and healthcare systems supporting legal compliance. The interviews with the doctor,

nurse, and pharmacist will provide crucial information to evaluate potential civil issues and

ensure accountability. Similarly, addressing potential criminal issues requires collaboration with

legal counsel to navigate the complexities of criminal law, assess liabilities, and understand

possible penalties. By effectively incorporating legal considerations, healthcare HR professionals

can promote a culture of compliance, protect the organization's interests, and work towards

preventing similar incidents.

 References

Cobun, H. (2019, Nov 22). Jury finds doctor negligent in treatment of pregnant woman. The

Daily Record . http://library.capella.edu/login?qurl=https%3A%2F

%2Fsearch.proquest.com%2Fdocview%2F2319086144%3Faccountid%3D27965

Harris, A. P., & Pamukcu, A. (2020). The Civil Rights of Health: A New Approach to

Challenging Structural Inequality. UCLA L. Rev., 67, 758.

https://escholarship.org/content/qt39s9b3hw/qt39s9b3hw.pdf

Kirya, M. T. (2020). Promoting anti-corruption, transparency and accountability in the recruitment and

promotion of health workers to safeguard health outcomes. Global health action, 13(sup1),

1701326. https://www.tandfonline.com/doi/pdf/10.1080/16549716.2019.1701326

Sandra, G., & Panji, A. (2022). Judicial Review of Criminal Liability of Doctors for Malpractice. Journal of

Indonesian Scholars for Social Research, 2(2), 98-106.

http://download.garuda.kemdikbud.go.id/article.php?article=2961942&val=26388&title=Judicial

%20Review%20of%20Criminal%20Liability%20of%20Doctors%20for%20Malpractice

Pomare, C., Long, J. C., Churruca, K., Ellis, L. A., & Braithwaite, J. (2020). Interprofessional

collaboration in hospitals: a critical, broad-based review of the literature. Journal of

interprofessional care, 34(4), 509-519. https://doi.org/10.1080/13561820.2019.1702515