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Hospitals' direct liability for medical malpractice--implications for the medical staff

Hospitals' direct liability for medical malpractice--implications for the medical staff

Medical Staff Counselor 3(1): 25-34

Historically, hospital liability for the wrongful acts of physicians was based on the doctrine of vicarious liability-i.e., the physician was regarded as an employee or agent of the hospital. With the courts' growing recognition of most physicians as independent contractors, the doctrine of corporate or direct liability has emerged as the primary basis upon which courts now hold hospitals liable for failing to adequately monitor and control the standards of medical care and treatment offered within their walls. This article discusses eleven theories for imposing direct liability on hospitals and considers their impact on hospital-physician relations.

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Accession: 046274553

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PMID: 10291135

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