West Case Update

Administrator of Nursing Homes Not Liable for Negligent Medical Care

Description
Mississippi high court held that the administrator of a nursing home cannot be sued for negligent medical practice or for breach of fiduciary duty unless the administrator specifically undertook such duties, as those positions are generally not related to such matters.

Topic
Agency

Key Words
Liability; Negligence; Breach of Fiduciary Duty

C A S E S U M M A R Y

Facts
Thead and Harper were placed in a Benchmark Care nursing home when they were suffering from age-related dementia and other health problems. After their deaths, their estates sued the administrator of the nursing home for negligence and breach of fiduciary duty in connection with alleged poor medical treatment at the home. Proceedings were stayed while several questions of law were considered by the Mississippi high court.

Decision
While a nursing home owner can be held liable in tort for negligence in the care of residents, an administrator does not owe the same duty of care to residents that the owner does. Administrators are not a medical providers, but rather deals with administrative concerns and regulatory compliance, so they cannot be held liable for medical malpractice. They owe a duty to their employer, not nursing home patients, so they cannot be held liable for breach of a fiduciary duty to patients.

Citation
Howard v. Estate of Harper, ---So.2d--- (2006 WL 3026398, Sup. Ct., Miss., 2006)

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Administrator of Nursing Homes Not Liable for Negligent Medical Care
Description	Mississippi high court held that the administrator of a nursing home cannot be sued for negligent medical practice or for breach of fiduciary duty unless the administrator specifically undertook such duties, as those positions are generally not related to such matters.
Topic	Agency
Key Words	Liability; Negligence; Breach of Fiduciary Duty
C A S E S U M M A R Y
Facts	Thead and Harper were placed in a Benchmark Care nursing home when they were suffering from age-related dementia and other health problems. After their deaths, their estates sued the administrator of the nursing home for negligence and breach of fiduciary duty in connection with alleged poor medical treatment at the home. Proceedings were stayed while several questions of law were considered by the Mississippi high court.
Decision	While a nursing home owner can be held liable in tort for negligence in the care of residents, an administrator does not owe the same duty of care to residents that the owner does. Administrators are not a medical providers, but rather deals with administrative concerns and regulatory compliance, so they cannot be held liable for medical malpractice. They owe a duty to their employer, not nursing home patients, so they cannot be held liable for breach of a fiduciary duty to patients.
Citation	Howard v. Estate of Harper, ---So.2d--- (2006 WL 3026398, Sup. Ct., Miss., 2006)