Case Analysis: Johnson vs. Misericordia Hospital

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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 ( 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, 2012). Salinsky settled litigation with the plaintiff Johnson before trial, but Misericordia disputed the allegation that the hospital was negligent in the hiring of Salinsky. The issue of significance revealed during the trial of Johnson v. Misericordia Community Hospital is that Salinsky’s qualifications, medical standing and references listed on the application of employment were never verified by Misericordia. During the trial it was revealed that; Dr. Salinsky presented an application for employment with information that included significant misstatements and exclusions that should have been a cause for a denial of appointment to Misericordia’s medical staff. For example, Salinsky failed to answer questions related to his malpractice liability insurance and also failed to mention that his privileges had been suspended, diminished, revoked or not renewed at any hospital. Instead, not only were Salinsky’s requested orthopedic privileges and appointment to the hospital’s medical staff approved; Salinsky was also elevated to the position of Chief of Medical staff shortly after joining the medical staff. Misericordia’s medical staff coordinator, Jane Bekos stated that an examination of Misericordia’s records reflected...
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