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9 Cards in this Set
- Front
- Back
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If
1) Private physician 2) makes act or omission 3) by exercising Professional Judgment and 4) hospital does NOT direct manner/method of treating patient ... Is hospital liable for Dr's acts? |
No.
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If
1) A hospital's employee or independent contractor 2) commits Negligent Acts 3) under IMMEDIATE SUPERVISION of a SURGEON ... Is hospital liable for it's own Servant's acts? |
No, under the "Loaned or Borrowed Servant" doctrine.
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If
1) A hospital's employee or independent contractor 2) commits Negligent Acts 3) under IMMEDIATE SUPERVISION of a SURGEON ... Is Surgeon liable for acts by hospital's Servant's? |
Yes, under the "Loaned or Borrowed Servant" doctrine.
IF Dr. had opportunity: 1) to OBSERVE the personnel's actions AND 2) to ALTER the course of events. |
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True or False:
Georgia adopts the "Captain of the Ship Doctrine" and makes hospitals liable for negligent acts of its nurses while they're supervised by Dr.'s. |
False; Ga. adopted the "Loaned or Borrowed Servant" doctrine.
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When is hospital liable under the doctrine of "Apparent Agency"?
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ELEMENT ONE: Hospital holds out Dr as its agent: 1) hospital furnishes a Dr. AS ITS OWN, and 2) calls upon patient to accept services b/c of HOSPITAL'S REPUTATION (not Dr's)
ELEMENT TWO: Patient REASONABLY RELIES on the 'holding out' |
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If hospital defeats "respondeat superior", does this also defeat "apparent agency" ?
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No.
Even if hospital proves that Dr. is "independent contractor", the elements of "apparent agency" can still be met based on hospital's advertising. |
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Two common examples of Apparent Agency
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1) E.R. doctors
2) Radiologists |
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Two ways hospitals try to avoid Apparent Agency
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1) Conspicuous Signs: Dr's are independent contractors
2) Consent Forms: Inform patient of no agency |
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> 2/15/2005, how can hospital insulate itself from "apparent agency" claim?
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1) Post sign
2) 1" letters 3) conspicuous place [OR paper signed by patient] 4) explains Dr's are independent contractors EVEN IF patient doesn't see/read/understand |
