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Facilities Liability

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Tip of the week: Understand liability in your facility

 

Liability exists in various forms. The liability that exists in healthcare does not exist just for the residents or patients the facility or organization cares for; family members, visitors, and workers also have to be considered. Therefore, administrators have to be aware of the legal responsibility and accountability their organization holds over numerous areas, which includes:

 

  • Vicarious liability – The employer’s responsibilities concerning workers. This is sometimes referred to as Respondeat superior, which basically states that the organization is responsible for the behavior of its employees while they are working. In other words, the organization has a responsibility toward making sure its workers are conducting themselves appropriately and are not creating situations that may place the organization in an unwanted position of liability.
  • Premises liability – A person who is legally on the premises of the facility and gets hurt due to negligence on behalf of the facility may have a legal claim against the facility. The facility has a responsibility to maintain an environment that is free from hazards that can cause injury.
  • Professional liability – Determining negligence in this area is based on determining a reasonable standard of care to benchmark any professional liability practices. Professional liability covers all areas of the facility, but especially areas involved with resident care; therefore, physicians and nurses are strong targets for professional liability claims.

Note:****The professional liability includes Activity Directors. Are your's (you) certified or qualified??

 

This is an excerpt from HCPro’s book, The Long-Term Care Administrator’s Field Guide, by Brian Garavaglia, PhD.

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  • both post support for the NAAPCC Credentialing Center
     
    Comments From Students
     
     Thank you for correcting the information that was released. I recently took the test for certification with NAAPCC and it was a very comprehensive and thorough test. It was not a simple easy test to get you certified. You had to know the information in order to complete and pass. I would recommend this avenue to anyone especially if finances are a struggle for MEPAP I & II. I did purchase the book for long-term care seventh edition and without that I would have struggled.
    Connie Gangwish, AP-BC Colorado
    reprinted with permission

    To: Activity Directors Network
    Celeste is awesome!! Anytime i have a question she gets right back with me and she is very informative. At first I didn't know if i was going to like the new course just for the fact my MEPAP course was the own pace and I work Full time plus have 3 kids. But i am loving it! It is very structured and with due dates I feel like i am holding myself more accountable for completed assignments sooner than later. It has actually been a beneficial change for me.. Thanks so much!!!
    L Williams reprinted with permission

    To: Activity Directors Network
    Good Evening I wanted to let you know that I had completed mepap 1 and had only a couple weeks left of mepap 2 so I had looked at path 2 and have taken the activities test and passed so just sending in the application. I wanted to thank you for giving all your time to us even while Kathy was ill. It didn't go unnoticed, you was a great support and helpful at ideas or even different ways of changing thoughts to positive while feeling defeated. Thank You Stacey Passa AP-BC
    reprinted with permission
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