The Situational Nature of Health Care Security Litigation

ASHRM On-Demand Webinar
Member: $39.00
Non-Member: $99.00


CE Credit: 1

Domain:Claims & Litigation

Level: Foundational


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This presentation will examine health care security and how this discipline must adapt to an specific organization's needs as it is not a "one size fits all" field.

Health care organizations have a significant exposure to litigation surrounding their provision of “adequate” or “reasonable” security measures to protect their patients, visitors, contractors, employees, and the general public. This begs the question of what is an ”adequate” amount of security for a healthcare organization? Security, and healthcare security in particular, is a situational discipline that does not lend itself to a one size fits all approach. What is a completely adequate level of security for one organization may be overkill for some and wholly inadequate for others based on the profile of the risks that they face.

Between them, the presenters have provided litigation support, to firms representing both plaintiffs and defendants, in over three hundred cases involving allegations of various aspects of inadequate security. A large percentage of these cases have included healthcare organizations as the defendants who stood accused on negligence in incidents including shootings, assaults, sexual assaults, emergency response situations, and excessive use of force by security personnel. Using real life examples, the presenters will illustrate how healthcare security is a situational discipline and does not necessarily fit the universal precautions standard model which can be applied to medical malpractice or other facility liability cases. Using these examples, the presenters will provide a basic framework which will allow them to not only understand the nuances of healthcare security, but to also help judge their own organizations’ security posture and potential for exposure in security related litigation.


  • • Demonstrate how strategies to mitigate liability from security related litigation differ from those effective against medical malpractice or litigation risks
  • • Educate colleagues at their organization on effective strategies to mitigate security related litigation
  • • Conduct a basic assessment of their organization's security program to identify potential liability exposure
Speakers: Drew Neckar, Bill Nesbitt
Product Code 322016OD20
ASHRM CE Credits 1.0
CNE Credits 1.0
Domain Claims & Litigation
Level - Foundational (F), Practitioner (P), Advanced (A) F
Publication Date 12/10/20
Next Review 12/10/22

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Speaker Bios


Drew Neckar has nearly thirty years’ experience in the safety and security field, has served as the senior most security executive for organizations in both the healthcare and education sectors, and as a Regional Security Director for Mayo Clinic. He has presented on various security related topics at regional and national conferences and has published articles in multiple professional journals. He is board certified as a Certified Protection Professional (CPP) by ASIS International and serves on that organization’s Healthcare Security and School Security Councils, he also maintains the Certified Healthcare Protection Administrator (CHPA) designation From the international association of Healthcare Security and Safety and previously served as the Chair of that organization’s Upper Mid-west chapter. He currently serves as the Vice President of Midwest Operations for SMSI Inc. and offers security assessment and litigation support services to clients in primarily the healthcare and higher education sectors.

Bill Nesbitt has been a security Professional for over 38 years and a Board Certified Protection Professional (CPP), certified in Security Management for over 35 years. He is a sought after speaker on the subject of security and security litigation. Bill’s familiarity with security case law and litigation enables him provide the law firms effective case strategies and case theories, given the facts of the case. Bill has provided his security expertise on behalf of both plaintiffs and defendants on approximately 600 occasions. He understands the factors that impact notice and foreseeability and the criteria required to establish assertions of negligent hire, retention, supervision and training.