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Employee Bad Acts
Editor's note: In last month's newsletter, the author began discussion of medical institutions and their liability exposure for the bad acts of their employees by highlighting the notorious case of nurse Charles Cullen. Cullen admitted to deliberately killing at least 40 patients, yet the plaintiffs who sued the last hospital that employed him were unable to recover because they could not prove causation. Are all such cases doomed?
Negligent Hiring
Obviously, in any particular case, if the plaintiff establishes that the hospital or other medical institution had actual knowledge that crimes were being committed by an employee, the case would be over, for all intents and purposes, and the defendant institution would be held liable. In almost every instance, however, the case is going to come down to whether or not the hospital or medical institution should have known about the bad acts being committed. So, assuming the families in the Cullen case could have overcome the issue of medical causation, the primary issue at trial would have been establishing that the hospital “knew or should have known” that Cullen was committing or could have been committing these crimes. This would have established the necessary elements of a claim for negligent hiring and supervision.
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