Two recent HDC cases have highlighted the liability that employers have for their employees actions.

The first case  has shown the danger of  failing to manage employees’ bad behaviour. The DHB was found vicariously liable for a surgeons’ breach of the HDC code of rights. Whilst they had previously spoken to him about his language the Commission agreed that they had tolerated his unacceptable language.

When inappropriate behaviour is tolerated and becomes the accepted norm, then it is difficult to manage and change.

Having an agreed Code of Conduct , HR Policy Guidelines and managing unacceptable behaviour whilst  following a correct process will help protect your practice.

In the second case, both a locum registrar and DHB were found guilty of a breach of the code. While the Commissioner found that individual clinicians are responsible for their own actions the DHB was found to be liable for not having appropriate systems in place to reduce the risk of mistakes. This included a lack of orientation, training, support and supervision and follow up of impending laboratory results.