Hospital Liability

1
Hospital Liability

• 1. Direct
• 2. Vicarious

2
Direct Liability--expanding

• Dangerous condition of the premises
• Food preparation
• Medical equipment owned by Hospital
• maintenance repair sterile procedures
• Hospital Medical Policies
• Nurses per ICU bed
• Step for nurses to take when apparent error in
  drug dosage.

3
The Extension of Direct Liability to MD conduct

• Negligent hiring and retention
• employees (nurses, some MDs)
• staff privileges for indep.ctr. MDs.
• What carelessness in Johnson (326)
• NB. like vicar. Liab., H only liab if MD is negl.
• H needs a decent peer review process
• why might peers be too soft?
• How could we make is easier to be honest?
• Give immunity from defamation, ant-trust
• Keep records away from plaintiffs.

4
The Extension--2

• Inadequate Supervision of MDs??
• Darling caused a furor.
• Not as momentous as initially perceived

5
Darling.

• What 2 theories were allowed to proceed?
• Which one was potentially explosive?
• What would H have to do to escape liability for
  theory it failed to review Ps care or require a
  consult?
• Not applied by courts in this manner.
• Just enforce hospital protocols.
• Nurses need only second-guess MD is aware of
  obvious departure from norm.