Demonstrating Leadership - Reducing Liability

When issues of misconduct arise within a healthcare organization, leaders may be called upon to gather information to support the broader investigation. There are four key ways in which your leadership during the investigative process can reduce liability for your

organization. These principles, if followed closely will provide structure, objectivity and clarity to often difficult situations.

1. Purpose + Scope

Be clear about the reasons for gathering information. Limit the scope of your inquiries to the issues at hand. The parties involved must understand your role.

2. Be Fair

Impartiality is essential to good fact finding. Ensure you are expeditious in your review to obtain the most recent recollections of events. Ensure that the allegations are clearly laid out and supporting documentation is available for review.

3. Maintain Confidentiality

Discussions about the investigation should be limited to the parties who need to know

information and the duty of confidentiality should be extended to all those involved.

4. Records + Reporting

Retaining notes and interview summaries are imperative to producing a comprehensive report. Gather information to support the following:

• Summary of the complaint

• The authority for the process

• Assessment of credibility

• Relevant contextual information

• Legal and policy framework

• Summary of evidence and findings

• Recommendations where required

Resources:

Marshall, N. (2019). A quick guide for conducting workplace investigations. Canadian Employment Law Today Reprint: www.employmentlawtoday.com