By Charlotte Hoffman Norris of Jenkins Fenstermaker, PLLC posted in Insurance Defense on Wednesday, January 4, 2017.
Many hospitals address staffing shortages (nurses and physicians) through staffing agencies. Standard staffing contracts provide that the nurses and/or physicians (locum tenens) are employees of the staffing agency and not the hospital. The staffing agency agrees that the nurses or physicians provided shall abide by the hospital's policies and bylaws. The hospital determines the work schedules and provides all necessary equipment and supplies. The hospital and staffing agency agree to purchase professional liability insurance and agree to terms of indemnification for the acts or omissions of their respective employees. All's well and good in the liability shifting arrangement, right? Not necessarily.