Common Law Aspects Of Hospitals And Workers Compensation
United Healthcare plaintiffs have a long history of pursuing cases initiated by medical providers against underpaid healthcare providers. The contention that underpaying medical providers damages patients is routinely advanced in various other circumstances is hardly correct. In fact, the underpaying culprit could also be the insurance company such as United Health Care or the CMS, which, under its provisions, sets policy as to the Medicare, Medicaid and the Children’s Medical Insurance Plan.
When one compares these statements with a recent United Healthcare lawsuit against an Ohio provider, one finds a consistent pattern: the facts do not support the allegation of harm caused by the alleged negligence of the defendant. The United Healthcare lawsuit filed against Cincinnati Children’s Hospital claimed that the hospital was “negligently negligent” in paying costs for medical services provided by the hospital to a patient. However, a Cincinnati Children’s Hospital spokesperson said that the hospital has “received no official notification of any claims filed in regard to our patient care practices.”
The United Healthcare lawsuit alleged that the patient was “negligently injured and suffering” by the treatment of the health care provider. However, a former employee of the hospital alleged in a deposition that the patient was not injured in any way by the treatment of the hospital or its staff. This case does not involve a claim of harm caused by the treatment of a patient or his/her caregivers.
The plaintiff has made an allegation that he or she was injured and/or died as a result of the negligence of the patient and/or his/her caregiver. In this situation, the plaintiff would likely seek compensation for emotional trauma and pain as well as loss of earning capacity. The hospital has, however, already been sued by former employees who alleged that the hospital’s underpayment of expenses for patient care resulted in the reduction of these workers’ compensation benefits. While the former employees are entitled to recovery on their injuries and the loss of income that resulted from those injuries, the reduction of workers’ compensation benefits, based on the claims of underpayments of treatment, did not cause the injury.
There have been cases involving United Healthcare lawsuits and worker’s compensation benefits, including cases filed against hospitals, but also against nursing homes, mental institutions and other employers that provide healthcare services to individuals, that have resulted in compensation awards to employees for physical and emotional harm and/pain as a result of the alleged negligence of the employer. These cases have typically involved negligence on the part of the employer in treating patients, in providing adequate supplies and equipment, in providing access to safe medications, in using proper machinery, or in maintaining cleanliness of the facilities.
Most of these cases involving hospital negligence result in settlements and verdicts that provide substantial benefits to the injured employee and/survivor. A small minority of the plaintiffs, however, proceed with a litigation process in which a court proceeding is pursued for a suit that is filed on behalf of the employee.
In the cases of healthcare litigation, the plaintiff seeks compensation for both physical and emotional trauma sustained as a result of the negligence of the hospital. The plaintiff’s complaint against Cincinnati Children’s Hospital seeks compensation for emotional distress that has resulted from suffering, stress, humiliation and embarrassment from an unsafe condition at the hospital. At the same time, the plaintiff seeks compensation for lost wages due to unemployment and loss of work opportunity. The Cincinnati Children’s Hospital also is seeking compensatory and punitive damages because the hospital failed to compensate the plaintiff for work he/she did not do.
The court will only order a recovery on behalf of an employee in this case, if the injured employee or the family of the employee had suffered economic hardship due to the negligence of the hospital. This is because a court proceeding may not be initiated on behalf of a hospital employee if the hospital has already been sued for personal injury. There are some cases where a court proceeding is initiated on behalf of a hospital employee because the hospital or its doctors have been negligent in treating a patient. In these situations, the employer’s attorney does not contest the employee’s allegations of personal injury or negligence because they will argue that the negligence occurred in the context of the employment of the employee.