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Minimizing liability during internal investigations.

Journal of Healthcare Protection Management : Publication of the International Association for Hospital Security

|September 30, 2010

Summary

Internal investigations require careful planning to avoid legal risks. This article details six common civil torts, including defamation and false imprisonment, that can arise from poorly executed investigations.

Area of Science:

Legal Studies
Risk Management
Corporate Security

Background:

Internal investigations are critical for organizational security.
Poorly executed investigations pose significant legal and financial risks.
Security professionals must understand potential liabilities.

Purpose of the Study:

To identify and explain common civil torts resulting from internal investigations.
To guide security professionals in minimizing liability risks.
To emphasize the importance of professional investigation planning and execution.

Main Methods:

Review of legal precedents and common law principles.
Analysis of six specific civil torts: defamation, false imprisonment, intentional infliction of emotional distress, assault and battery, invasion of privacy, and malicious prosecution/abuse of process.

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Examination of how investigation shortcomings lead to these tort claims.

Main Results:

Defamation, false imprisonment, intentional infliction of emotional distress, assault and battery, invasion of privacy, and malicious prosecution/abuse of process are frequent outcomes of flawed investigations.
Lack of due diligence, improper procedures, and inadequate training increase the likelihood of litigation.
Proactive risk management and adherence to legal standards are essential.

Conclusions:

Security professionals must be aware of the legal landscape surrounding internal investigations.
Collaborative efforts and meticulous planning are key to mitigating liability.
Adherence to best practices in investigation execution is crucial for organizational protection.