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Malpractice in Hospitals: Ten Theories for Direct Liability

Published online by Cambridge University Press:  28 April 2021

J. Douglas Peters  and
Jeanette C. Peraino
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Extract

When a medical malpractice injury occurs in a hospital, the hospital is often sued under the theory that it is vicariously liable for the actions of its employees, through the doctrine of respondeat superior. Depending on the facts of the case and the laws of the state, however, the hospital may also be directly liable to the patient. Establishing the direct liability of the hospital where the facts will not support a vicarious claim may ensure for the plaintiff an adequate “deep pocket” in cases where the physician is inadequately insured. In addition, direct liability carries a longer statute of limitations.

Imposing liability on hospitals, whether vicarious or direct, encourages hospitals to oversee physicians’ competence.

Type
Article
Information
Law, Medicine and Healthcare , Volume 12 , Issue 6 , December 1984 , pp. 254 - 259
Copyright
© 1984 American Society of Law, Medicine & Ethics

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