Hospital Corporate Negligence: Enforcing the Hospital's Role of AdministratorTort and Insurance Law Journal (1993)
AbstractThis article attempts to establish what is meant by the term "hospital corporate negligence." Is it merely another term for "ostensible agency" or is it a direct form of liability? This article concludes that it is a new form of liability, separate and apart from those based on theories of agency and ostensible agency, and one which holds the hospital accountable for its role of coordinating the medical care provided to its patients by the numerous types of medical providers housed within its walls. Finally, this article examines the practical consequences of this theory of liability and attempts to determine who would best represent the interest of a hospital sued for corporate negligence. Contrary to popular opinion, this article concludes that the hospital needs to put an administrative expert on the stand rather than a medical one as it is the administrative arm of the hospital that is exposed under this theory, not the medical arm.
- medical malpractice,
- corporate negligence,
- ostensible agency
Publication DateAugust, 1993
Citation InformationMitchell J Nathanson. "Hospital Corporate Negligence: Enforcing the Hospital's Role of Administrator" Tort and Insurance Law Journal Vol. 28 (1993)
Available at: http://works.bepress.com/mitchell_nathanson/10/