Med Mal - Hospital Liability

Front 1

What is a Hospital's Duty?

Back 1

Duty to
- exercise reasonable care
- in protecting a patient from injury
- as the patient's condition warrants.

Front 2

Most "patient protection" cases against hospitals (especially small or rural) are governed by What Standard of Care?

Back 2

The "Locality Rule"
Limited availability of hospital Equipment, Facilities & Services
compared to
"local standard" for facilities of Like Kind & Similar Circumstances

Front 3

If hospital sued under "respondeat superior" for professional negligence of Dr./nurse/etc, What Standard of Care applies?

Back 3

The GENERAL Standard of care applies to Professional Negligence.

"Locality Rule" only applies to AVAILABILITY of equipment/facilities/services.

Front 4

If negligent act or omission does NOT require medical judgment, is this
1) Medical Malpractice, or
2) Ordinary Negligence

Back 4

2) Ordinary Negligence

Front 5

HYPO:
Nurse overestimates his strength & drops a patient.
1) Medical Malpractice, or
2) Ordinary Negligence ?

Back 5

2) Ordinary Negligence

[judge of one's own strength ≠ "medical judgment"]

Front 6

If Hospital lets an incompetent Dr. work at the hospital, what Cause of Action arises?

Back 6

"Negligent Grant of Staff Privileges" or "Negligent Retention"
IF hospital could have detected Dr's deficiencies through ORDINARY CARE

Front 7

What is hospital's Duty of Care in hiring?

Back 7

Duty to exercise ORDINARY CARE in hiring competent personnel.

Front 8

Is there a "causation" element for "Negligent Hiring/Retention" c/a ?

Back 8

Of course!
P must prove:
causal connection between TORT and HIRING/grant of staff privileges

If tort not connected to employment, NO causation

Front 9

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?

Back 9

Negligent Hiring c/a fails.
The tort (sexual battery) is NOT connected to Dr. X's employment OR the negligent hiring.

Front 10

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?

Back 10

There IS causation.
The Dr's deficiency is what caused Patient's injury; hospital's negligence allowed that deficiency to be present.

Front 11

Is a hospital liable for the negligent ADMINISTRATIVE or clerical acts of its NURSES?

Back 11

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.