A Malpractice Suit against a Hospital

Hospital jumping is a term used by hospital personnel to describe the movement of incompetent and potentially negligent employees from hospital to hospital. One factor contributing to hospital jumping is the reluctance of hospitals to release information to other hospitals that are checking references. Ridgeview Hospital was sued for negligence in its screening of employees. The case involved the alleged incorrect administration to an infant of a medication that nearly caused the child's death.

The party bringing suit contended that the nurse who administered the drug was negligent, as was the hospital because it had failed to make a thorough investigation of the nurse's work history and background. It was learned that the nurse had been hired by Ridgeview before it had received a letter of reference from her previous employer verifying her employment history. In support of the plaintiff's case, uncontested information was presented about a similar incident of negligence in patient care by the nurse in her previous employment.

Ridgeview Hospital's personnel director, John Reeves, took the position that reference checks were a waste of time because area hospital personnel directors would not provide what they thought might be defamatory information about former employees. He further stated that in checking reference sources, these same personnel directors would request information they themselves would not give. Reeves's lawyer concluded that the hospital would have to choose between two potentially damaging alternatives in adopting a personnel screening policy.

It could continue not to verify references, thereby risking malpractice suits such as the one discussed. Alternatively, it could implement a policy of giving out all information on past employees and risk defamation suits. The lawyers recommended the second alternative because they thought the potential cost would be significantly less if the hospital were convicted of libel or slander than if it were judged guilty of negligence.

QUESTIONS
1. Which of the two alternatives would you recommend to the hospital?

2. What questions could be asked in a recruitment interview to help eliminate the problem?