Introduction
On September 29, 2005, the fortieth anniversary of the Supreme Court’s decision was made in the case of Darling vs. Charleston Community Hospital. This is a case that has made a significant impact on hospital liability. The decision of the Darling case affirmed $110,000 judgement against Charleston Community Hospital, a rural hospital located in downtown Illinois. Dorrence Darling, broke his right leg while he was playing football. Dr. John R. Alexander was the attending physician that tended to Darling during his visit to Charleston Community Hospital. The affirmation was determined based on the fact of compensation for Darling leg amputation resulting from the hospital improperly casting the broken leg. The infection was also mismanaged. During the time of Darling’s visit the nurses failed to properly follow the hospital procedures while monitoring Darling. They didn’t monitor temperature, movement or circulation. This is an ethical issue that resulted in bigger issues for this institution. Later Darling was transferred to another facility where he was told that his leg had dead tissues that resulted from Dr. …show more content…
The case effected two radical changes in hospital liability with its outcomes. The first radical change is the direct liability to providers within the hospital. The second change specifically has to do with constitute evidence of the duties that the healthcare provider to the patient. If the healthcare provider is found violating this it could possibly result in direct liability for the hospital. Hospitals are liable for their staff neglecting patients and action should be taken. When a person reports to a hospital they expect the hospital as an entity to treat them. Therefore, no legitimate basis should exist for any healthcare facility to not hold a hospital responsible for the actions of their