Task Shifting/Sharing and Legal Liability

Abstract

As a result of significant reforms, physicians are subject to new restrictions on overtime hours to improve work-life balance and prevent burnout. One proposed solution is task shifting or sharing, where certain responsibilities are delegated to other medical professionals.

As team-based care becomes more prevalent, the issue of criminal liability in cases of professional negligence resulting in patient harm or death has come to the question of individual responsibility. The legal principle known as the "principle of trust" plays a crucial role in determining the scope of duty of care in negligent crimes. If this principle applies, negligence liability may not be questioned for certain supervising physicians who acted reasonably based on their level of experience and expertise. However, the principle of trust may not extend to inexperienced medical professionals, potentially placing the supervising physician at risk of being held accountable for their negligence.

Civil lawsuits for damages arising from breaches of professional obligations or torts have come to the question of liability for damages. Many of these suits target hospitals as employers, regarding the liability of hospitals for damages in team-based care.