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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I work at a Home Health Agency. We accept patients with orders

This answer was rated:

I work at a Home Health Agency. We accept patients with orders for Physical Therapy and Occupational therapy and sometimes are not able to start services for 7-10 days or longer. The doctors orders don't specify when to start care, but it is our policy to start care within 48 hours unless we notify the MD. My concern is this... Even if we notify the MD and the patient of the delay, if the patient has a fall and seriously gets hurt while waiting for our services to start, are we liable? Who exactly is liable? The administrator? The manager? The nurse who accepted the referral? Thank you for your time.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

In terms of liability the employer or the agency would be liable not the staff,

wallstreetfighter :

if the employer has a policy of accepting patients, knowing that they do not have an ability to take care of them,

wallstreetfighter :

they can be held liable,

wallstreetfighter :

If complaints were made to the administration by the staff,

wallstreetfighter :

and nothing was done, any injuries would be the fault of the agency,

wallstreetfighter :

If the MD was notified about the delay, and he still send the patient to your facility,

wallstreetfighter :

that may also cause him liability, if the patient suffered injury, due to the delay,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback.

Customer:

My concern is my role in the decisions. I am the manager of the office, a professional nurse. I feel i should refuse to accept the referrals even though my supervisor does not agree. Of course, this would cause me to face disciplinary action and possible termination. If i knowingly continue to accept referrals just because my supervisor tells me to, knowing that the patients could be in harms way, i am responsible under my nursing license. Is this true? I feel like i have no choice but to leave employment with this company.

wallstreetfighter :

The employer would be liable, however, if you feel that the patients are in harms way due to this delay and policy, you should file a complaint with the State licensing board that directs Home Health Agencies, and see if the policy violates State law, if it does, you should consider leaving.

wallstreetfighter :

If you do nothing, and a violation is found, it is possible you could be liable for allowing this to happen without any complaint.

Customer:

Thank you. I appreciate your time.

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