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¶ … Liability
Criminal Liability and Healthcare Organizations
Providing the highest quality care possible to patients is of course the overarching goal for any ethically operating medical establishments, and should guide most practices. There are other considerations for medical practitioners and organizations, however, that must also remain present in the awareness, planning, and actions of administrators, physicians, and other personnel. Criminal liability, while not the most pervasive threat in most medical organizations, is still a very substantial risk that must be controlled. The following paragraphs provide some very brief details regarding criminal liability in two specific areas that present real and common risks to most medical organizations in the United States: Medicare/Medicaid fraud and abuse, and the abuse or neglect of patients admitted for treatment.
While most cases of Medicare or Medicaid abuse...
Increasing knowledge of specific requirements and limitations on billing for such programs and a regular review of proper practices and billable procedures should occur for all medical and administrative personnel (Taitsman, 2011). In larger organizations, oversight is also an important feature of limiting exposure to criminal liability. Physician and administrator education can help to reinforce principles as well as avoid accidental transgressions, but for an organization to shield itself from individual actions taken by medical or administrative staff there must also be regular reviews of billing and other practices (Taitsman, 2011).
Criminal negligence can come in many forms and as the result of many different areas and…
References
Hurley, S. & Berghahn, M. (2010). Medication Errors and Criminal Negligence: Lessons from Two Cases. Journal of Nursing Regulation 1(1): 19-43.
Taitsman, J. (2012). Educating Physicians to Prevent Fraud, Waste, and Abuse. New England Journal of Medicine. 364:102-103.
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