Dorrence Kenneth Darling II, Case Study Example

This case was brought forth by Dorrence Kenneth Darling on behalf of his minor son, Dorrence Kenneth Darling, II, to address the apparent negligent acts of Charleston Community Memorial Hospital in treating the son for a right severe leg fracture sustained in a football game (Darling & Darling v. Charleston Community Memorial Hospital, 1964). Dr. Alexander surgically reset the patient’s leg, the patient remained hospitalized for a period of 14 days, whereby traditional care and treatment was provided for severe pain; however, during this time, there was also a foul odor emanating from the cast area, and the doctor believed that the patient’s condition was satisfactory, and did not seek the guidance of a specialist in this case (Darling & Darling v. Charleston Community Memorial Hospital, 1964). Upon removing the patient’s cast, Dr. Alexander made two accidental cuts in the patient’s leg with the saw, and applied antiseptic and sterile dressing, and on the final day, the patient was transferred to Barnes Hospital for further observation for almost another month (Darling & Darling v. Charleston Community Memorial Hospital, 1964). The patient was released and then returned to the hospital for a leg amputation below the knee, and upon review of the case, it was determined that the surgery was performed without the consent of the patient and his parents; inappropriate techniques were identified; a heat lamp was used to dry the cast which caused blistering; the cast was applied too early when the patient’s skin and tissues were vulnerable; the doctor did not keep the staff and the attending physician apprised of the patient’s condition, including his pain and the odor coming from the cast; and other related allegations (Darling & Darling v. Charleston Community Memorial Hospital, 1964).

Since the hospital in question was governed by the county, additional levels of oversight were required, including a regulatory board and an administrator, who are responsible for ensuring that all policies and procedures are executed properly to ensure that patients are protected from unnecessary risks or harm (Darling & Darling v. Charleston Community Memorial Hospital, 1964). This was a critical priority for the hospital, and coincided with the hiring of well-qualified and experienced personnel to conduct operations appropriately; in addition, this group of staff was required to possess the appropriate licensure and qualifications as necessary to perform medical treatments and to administer medications properly (Darling & Darling v. Charleston Community Memorial Hospital, 1964). Furthermore, the hospital was further overseen by the Joint Commission of Accreditation of Hospitals, which was responsible for making certain that the organization was ethically responsible and appropriate in treating its patient population at all times (Darling & Darling v. Charleston Community Memorial Hospital, 1964). This group would provide additional oversight through routine evaluations of the hospital and its overall performance in regards to patient care. This level of testimony was required to further support the belief that the organization was operating appropriately, in spite of the allegations brought forth by the plaintiff.

Finally, this legal case study provides further evidence that a healthcare organization should face many different levels of scrutiny, each of which will further demonstrate that a healthcare organization does not live in a vacuum. An organization must fully adhere to and comply with all policies and procedures at all levels, and must provide evidence that it has employed well-qualified and experienced staff members to carry out the duties of high quality patient care and treatment. This level of oversight is critical to the success of a healthcare organization because an organization of this nature cannot exist without varying degrees of compliance, which play a role in shaping the organization’s level of performance in treating patients, which includes adequate training and preparation to treat patients, while also following all consent procedures in the proper manner.

Corporate negligence is comprised of a number of different areas of non-compliance with all required policies and procedures, which may lead to negative outcomes for a patient or another product of the organization. This type of behavior under certain circumstances is negligent when the organization is knowingly involved in actions which may harm a patient, employee, or a third party. When a company is negligent in this manner, it is likely that the injured or harmed party may make the decision to take legal action against the organization to obtain monies for damages that have been incurred (Studdert et.al, 2004). Actions taken by an organization that are deemed negligent often create new obstacles for an organization, and may lead to other problems that require decision-making in a court of law (Studdert et.al, 2004). These actions possess a number of negative outcomes not only for the victim(s), but also for the organization, because the potential exists for the organization’s reputation to be permanently tarnished or damaged without an opportunity for recovery (Studdert et.al, 2004). This is a very difficult situation to deal with, and the organization that is negligent should rightfully pay the consequences for these actions, often in terms of monetary damages. This practice requires an effective understanding of the manner in which the organization was negligent, their ability to accept that they have been negligent, and to recognize that consequences must be paid for these negligent acts or behaviors. An organization must own up to its negligent acts to ensure that it takes the appropriate legal actions that are necessary to meet the demands of the victims, and to also restore its integrity as best as possible (Peters, 2009).

An organization who has been negligent in any way must demonstrate its willingness to accept these actions, to pay the consequences, and to ensure that all actions will be taken to avoid negligence in the future. Therefore, the organization’s leaders must be apprised of their responsibility in investigating the incident and to determine what has taken place to determine negligence. This will ensure that the organization is prepared to minimize any further damage, while also considering other factors which will provide restitution to the injured parties as best as possible. Organizational leaders should also consider other methods that are necessary to improve and/or restore its reputation in the communities that are served. This will ensure that the organization will meet its obligations to own up to its negligent actions and will pay the consequences accordingly. A strong group of leaders at the helm will serve as a means of enabling the organization to meet its requirements, while also working tirelessly to ensure that the organization does not make the same mistakes in the future. This will demonstrate that the organization is fully capable of taking responsibility for its actions and in providing a level of support for the victims of the negligent acts that is appropriate, given the circumstances. As a result, organizational leaders must play a significant role in this process and must demonstrate their full support in making the most ethically responsible decision that will benefit the organization, rather than detract from any progress that it has made. These developments are essential contributors in supporting organizational success and growth for the foreseeable future.

From an ethical perspective, an organization must be able to meet its ethical obligations to its constituents and its customers at all times. This requires the business to approach situations with an ethical point of view, and to make all decisions that will impact the business and its people in an ethically appropriate manner. Ethical responsibility has become an increasingly relevant concept to modern organizations, and it requires a greater understanding of the different elements which are essential to ongoing organizational success in all areas of operations. Therefore, the business must utilize its ethical principles to achieve positive outcomes and results at all times. The primary concepts that are most important in making ethical organizational decisions include individual and group behaviors, confidentiality of data and other pertinent information, and ethics training for all staff members and leaders. These areas of ethics are critical to the success of an organization and its overall ability to achieve excellence in making ethically responsible decisions across divisions and departments. Individual and group behaviors are relevant because they provide a basis for evaluating how decisions are made and if they are in the best interests of the business. Behaviors must be consistent with the objectives of the organization, and should be professional and appropriate at all times. Confidential information should be kept confidential as required, and breaches in confidentiality at any stage should not be tolerated. Finally, the organization must emphasize ethics training for all employees as a means of exploring the different dimensions that are necessary to ensure that employees comply with all required ethical standards and frameworks. These elements will provide support to the organization in its efforts to be effective in all areas of operations.

Supporting the growth and development of the organization requires an astute level of consistency in all divisions and departments. These practice methods enable the organization to be ethically responsible, as well as compliant with all required policies and regulations. In addition, an organization must recruit and employ only the most well-qualified staff members and leaders to fill all available positions, and must provide a level of knowledge and experience that will benefit the organization in many different ways. The ability of the organization to be effective in its pursuit of excellence must include a primary focus on eliminating errors and minimizing negligent acts as much as possible to achieve the desired outcomes. This is a critical opportunity to achieve effectiveness in organizational operations, and in providing customers and constituents with the tools that are necessary to achieve a high level of success. These practice methods will also encourage members of the organization to contribute wisely to the organization, and to make all possible efforts to make decisions that will positively impact operations. The development of these different perspectives is essential in supporting long-term growth and success, and in providing the organization with an improved level of productivity and performance. Organizations and their employees must be on the same page with respect to organizational direction and focus to ensure that all areas of the business are consistent with the desired objectives. The success of the business depends on a well-focused effort to conduct all transactions in an ethically appropriate manner under reasonable conditions.

References

Dorrence Kenneth Darling II, a Minor, by His Father and Next Friend, Dorrence

Kenneth Darling, Plaintiff-Appellee, v. Charleston Community Memorial Hospital, a Corporation, Defendant-Appellant, Appellate Court of Illinois, Fourth District50 Ill. App. 2d 253; 200 N.E.2d 149; 1964 Ill. App. LEXIS 836 June 30, 1964.

Peters, P.G. (2009). Making hospitals accountable. Regulation, Summer 2009: 30-36.

Studdert, D.M., Mello, M.M., and Brennan, T.A. (2004). Medical malpractice. New England Journal of Medicine, 350(3): 283-292.