Johnson V. Misericordia Hospital Case Summary
Johnson v. Misercordia Hospital
Case Analysis
State the issue in controversy
In 1980, patient (plaintiff) James Johnson filed suit against Misericordia Community Hospital alleging medical malpractice. The suit specifically alleged corporate negligence in the appointment of Dr. Lester V. Salinksy (independent member) to the medical staff at Misericordia Community Hospital. During the surgery, Dr. Salinsky severed the femoral artery, resulting in partial paralysis for Johnson (casebriefs.com). Ultimately, Johnson suffered a permanent paralytic condition to his right thigh muscles with resultant atrophy and weakness as well as a loss of function after undergoing hip surgery performed by Dr. Salinsky (Showalter, …show more content…
Under the Doctrine of Corporate Negligence the hospital owes certain “duties” directly to the patient, which cannot be delegated to the medical staff. Under the Doctrine of Corporate Negligence Misericordia Community Hospital, owes a duty to its patients to refrain from any act which will cause foreseeable harm to others even though the nature of that harm and identity of the harmed person or harmed interest are unknown at the time of the act (westlaw citation). The Pennsylvania Supreme Court in Thompson v. Nason Hospital classified the hospital’s duties into four categories. 1) a duty to use reasonable care in the maintenance of safe and adequate facilities 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 as to patient care; and 4) a duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for the patients. The hospital also failed to adhere to its own bylaw provisions and to the Wisconsin statues related to medical
Case Analysis
State the issue in controversy
In 1980, patient (plaintiff) James Johnson filed suit against Misericordia Community Hospital alleging medical malpractice. The suit specifically alleged corporate negligence in the appointment of Dr. Lester V. Salinksy (independent member) to the medical staff at Misericordia Community Hospital. During the surgery, Dr. Salinsky severed the femoral artery, resulting in partial paralysis for Johnson (casebriefs.com). Ultimately, Johnson suffered a permanent paralytic condition to his right thigh muscles with resultant atrophy and weakness as well as a loss of function after undergoing hip surgery performed by Dr. Salinsky (Showalter, …show more content…
Under the Doctrine of Corporate Negligence the hospital owes certain “duties” directly to the patient, which cannot be delegated to the medical staff. Under the Doctrine of Corporate Negligence Misericordia Community Hospital, owes a duty to its patients to refrain from any act which will cause foreseeable harm to others even though the nature of that harm and identity of the harmed person or harmed interest are unknown at the time of the act (westlaw citation). The Pennsylvania Supreme Court in Thompson v. Nason Hospital classified the hospital’s duties into four categories. 1) a duty to use reasonable care in the maintenance of safe and adequate facilities 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 as to patient care; and 4) a duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for the patients. The hospital also failed to adhere to its own bylaw provisions and to the Wisconsin statues related to medical