Legal Aspects of healthcare

The legal aspect of Health Care

On Corporate Criminal Liability

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Abstract

The purpose of this is to illustrate the application of corporate criminal liability in terms of negligence committed with in the health care setting . It will establish the distinction between corporate criminal liabilities versus vicarious liability by pointing out instances when a corporate can be held criminally liable . This will answer the question on whether the negligence of an employee can be attributed to the lack of superior clout of the organization employing the

person who committed such act or whether such employee , be personally held criminally liable for such negligence . In our health care industry today , when things go wrong causing death or disability who should we sue for liability ? Will it be the company who employed the negligent employee , or the employee himself

The distinction between corporate criminal liability and vicarious liability lies in the very nature with which restitution of the damages caused by the impact of a negligent act is given unto . Therefore liability defines the difference between the two . With corporate criminal liability , the corporation is deemed responsible to remedy any wrong done , for as long as the employee conducts such negligence with in the scope of his official function as an employee of the corporation Such act must not in any way benefit the corporation , otherwise such could not be considered criminally liable . It must be established that the employee who committed such negligent act must be fully aware of the corporate policy of which he willfully violates . The nature of such violation must reflect and attack the integrity of such corporation causing failure of business conduct and success . Vicarious liability on the other hand is different from corporate liability in the sense that when an employee commits a negligent act , the superior is held liable for such violation notwithstanding the fact that the superior does not bear direct participation to the negligent act . Ever since the adoption of the Organizational Sentencing Guidelines (OSG ) in 1991 , the U .S legal system has transcended from vicarious liability into a duty-based corporate liability , with which the negligent act of the employee is dependent upon whether the company has exercised due care to avoid harm in question , rather than on traditional agency principles of respondeat superior otherwise commonly known as vicarious liability . Courts and agencies typically evaluate the level of care exercised by the company in ostensibly preventing harm by implementing a well design plan to detect and discourage such conduct that would lead to accidents (Krawiec . 2005

There are several requisites in holding the corporation criminally liable and one of the salient one is the intent of the person doing it since it should not be due to the personal aberration of the employee but rather the will to commit fraud not withstanding his complete awareness of company policy . The corporate must show that there is a full proof measured instilled in to somehow anticipate and prevent this kind of...