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11 Cards in this Set
- Front
- Back
What is a Hospital's Duty?
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Duty to
- exercise reasonable care - in protecting a patient from injury - as the patient's condition warrants. |
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Most "patient protection" cases against hospitals (especially small or rural) are governed by What Standard of Care?
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The "Locality Rule"
Limited availability of hospital Equipment, Facilities & Services compared to "local standard" for facilities of Like Kind & Similar Circumstances |
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If hospital sued under "respondeat superior" for professional negligence of Dr./nurse/etc, What Standard of Care applies?
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The GENERAL Standard of care applies to Professional Negligence.
"Locality Rule" only applies to AVAILABILITY of equipment/facilities/services. |
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If negligent act or omission does NOT require medical judgment, is this
1) Medical Malpractice, or 2) Ordinary Negligence |
2) Ordinary Negligence
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HYPO:
Nurse overestimates his strength & drops a patient. 1) Medical Malpractice, or 2) Ordinary Negligence ? |
2) Ordinary Negligence
[judge of one's own strength ≠ "medical judgment"] |
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If Hospital lets an incompetent Dr. work at the hospital, what Cause of Action arises?
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"Negligent Grant of Staff Privileges" or "Negligent Retention"
IF hospital could have detected Dr's deficiencies through ORDINARY CARE |
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What is hospital's Duty of Care in hiring?
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Duty to exercise ORDINARY CARE in hiring competent personnel.
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Is there a "causation" element for "Negligent Hiring/Retention" c/a ?
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Of course!
P must prove: causal connection between TORT and HIRING/grant of staff privileges If tort not connected to employment, NO causation |
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HYPO:
Dr. X always cuts off the wrong limb, but hospital hires him anyways. Nurse Y claims Dr. X fondled her in an elevator, and sues Hospital for "Negligent Hiring". Result? |
Negligent Hiring c/a fails.
The tort (sexual battery) is NOT connected to Dr. X's employment OR the negligent hiring. |
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HYPO:
Dr. X always cuts off the wrong limb, but hospital hires him anyways. During surgery, Dr. X cuts off Patient's arm instead of his leg. Patient sues hospital for "Negligent Hiring". Result? |
There IS causation.
The Dr's deficiency is what caused Patient's injury; hospital's negligence allowed that deficiency to be present. |
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Is a hospital liable for the negligent ADMINISTRATIVE or clerical acts of its NURSES?
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Yes.
Although prescribed by Dr. as part of patient's medical care, some nursing acts are ADMINISTRATIVE because they don't require SPECIALIZED TECHNIQUE or understanding of a SKILLED DR. or surgeon. |