Hospital Liability

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Whether you represent hospitals, physicians or their patients, this acclaimed publication analyzes the impact of the latest statutes, regulations, cases and trends.
Hospital Liability is a thorough and up-to-date working tool for the litigator/practitioner. You'll want to have it on hand before your next prospective client walks into your office.”
Fred Queller of Queller, Fisher, Dienst, Serrins, Washor & Kool, LLP, New York,
former president of the New York State Trial Lawyers Association

Whether you represent hospitals, physicians or their patients, this acclaimed publication analyzes the impact of the latest statutes, regulations, cases and trends. Hospital Liability explores issues such as: HMO liability for medical malpractice; nonmedical liability; liability for negligent ambulance service; state rulings on recovery for the wrongful death of a fetus; hospital liability for an infant's injuries in a delayed C-section; informed consent and damages for both disclosed and undisclosed complications; standards for alternative methods of blood conservation and use; punitive damages; reporting and evidence preservation requirements in child abuse and sexual assault cases; pregnancy-related actions; blood services, anesthesia, radiology, surgery, autopsy, and donation liability; hospital liability for the acts of a private physician; the degree to which the hospital owes an independent duty of care to the patient; hospital antitrust liability; the “right to die,” including a discussion of decision-making tools such as living wills and durable powers of attorney; liability insurance; and tort reform.

Hospital Liability analyzes theories of liability for the abuse and neglect of nursing home residents as well as the use of class action lawsuits to improve conditions. This timely book also includes coverage of: Modified Uniform Rights of the Terminally Ill Act for removal of life support, nutrition and hydration; the Emergency Medical Treatment and Active Labor Act (EMTALA); a report by the Institute of Medicine on improving the safety of medical treatment; expansion of HMO liability; employment issues for hospitals, including discrimination against disabled persons and sex discrimination; whether a defendant can be his own expert witness; expert testimony on the general practitioner standard of health care; Good Samaritan statutes and medical emergencies; the effect of “AIDS Phobia” on patients and physicians; and the duty of the medical provider to disclose an economic or personal interest in a recommended procedure.

Book #00596; looseleaf, one volume, 1,078 pages; published in 1985, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-035-7

Additional Information
Division Name Law Journal Press
Volumes 1
Product Types Books
Brand Law Journal Press
Jurisdiction National
ISBN 978-1-58852-035-7
Page Count 1078
Edition 0
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You're reviewing:Hospital Liability
James Walker Smith
James Walker Smith, specializes in medical malpractice and product liability law. Mr. Smith, who holds a J.D. from the Fordham University School of Law and an LL.M. from New York University, has written and lectured on hospital law.
Hospital Organizational Structure

§ 1.01 Introduction
[1] Public Hospitals
[2] Private Hospitals
§ 1.02 Governing Body
[1] Duties
§ 1.03 Medical Staff
[1] Introduction
[2] Organization
[3] Membership
[4] Committees
[5] Staff Privileges
§ 1.04 Antitrust Liability
[1] Introduction
[2] Applicable Antitrust Law
[3] Antitrust Immunity
[4] Specific Applications of Antitrust Law in Health Care
§ 1.05 Nursing Staff
§ 1.06 Health Care Fraud
[1] Self-Referrals
[2] Kickbacks and False Claims
§ 1.07 Malpractice Information Available to the Public
[1] Physician Profiles
[2] Hospital Report Cards
[3] Other Provisions


§ 2.01 In General
§ 2.02 Governmental Immunity
[1] In General
§ 2.03 Federal Immunity
[1] Federal Tort Claims Act
§ 2.04 State Immunity
[1] Statutory Limitations
[2] “Sue or be Sued” Provisions
[3] Governmental-Proprietary Test
§ 2.05 Immunity of State Political Subdivisions
[1] Statutory Constraints
[2] “Sue or be Sued” Provisions
[3] Discretionary Function
[4] Monetary Limits
[5] Governmental-Proprietary Test
§ 2.06 Charitable Immunity
[1] Historical Perspective
[2] Rationale for Immunity Rule
[3] Exceptions to Immunity
[4] Current Status of Charitable Immunity
§ 2.07 Conclusion

Hospital Tortious Liability

§ 3.01 Introduction
§ 3.02 Vicarious Liability
[1] The Hospital Exception
[2] The Hospital Exception Rejected
[3] The Private Attending Physician
[4] The HMO Physician
§ 3.03 The Corporate Negligence Doctrine
[1] Darling v. Charleston Memorial Hospital
[2] Bestowal and Revocation of Staff Privileges
[3] Failure to Supervise
§ 3.04 Claims for Possible Future Harm
[1] In General
[2] AIDS Phobia
§ 3.05 Statute of Limitations
§ 3.06 Conclusion

Standard of Care

§ 4.01 Contract
§ 4.02 Standard of Reasonable Care and Skill
[1] In General
[2] Simple Negligence vs. Malpractice
[3] Locality Rule
[4] Same or Similar Community Rule
[5] National Standard
[6] Ad Hoc Approach
§ 4.03 Evidence of Standards of Care
[1] Expert Testimony
[2] Voluntarily Assumed Standards
[3] Res Ipsa Loquitur
§ 4.04 Hospital Obligation to Patients
[1] Following Orders
[2] Independent Duty
[3] The Apology
§ 4.05 The Patient’s Right to Dignity
[1] Mentally Ill Persons
[2] Terminal Patients

Hospital Professional Liability Insurance

§ 5.01 Standard Policies
[1] In General
[2] Coverage
[3] “Claims Made” or “Occurrence” Policies
[4] Risk Placement
[5] Conditions of Coverage
[6] Duty to Defend
[7] Excess and Other Insurance
§ 5.02 Alternatives to Traditional Liability Insurance
[1] Inadequacy of Present Approach
[2] Alternatives
[3] Group Policies
[4] Tort Reform
[5] Punitive Damages

Admission and Emergency Treatment

§ 6.01 Admission
[1] Common Law Rule
[2] The Emergency Exception to the Common Law Rule
[3] Discrimination
[4] The Admission Process
§ 6.02 Emergency Treatment
[1] Obligation to Treat
[2] Reliance
[3] JCAH Standards
[4] Hospital Liability
[5] Discrimination
[6] Alternatives to Agency Analysis
[7] Good Samaritan Legislation
[8] Blood Draws
§ 6.03 Ambulance Services
[1] Immunity
[2] The Emergency Treatment and Active Labor Act (EMTALA)
[3] Delays
[4] Vicarious Liability
[5] In-Hospital Patients and Third Parties
[6] Expert Testimony
[7] Discovery
§ 6.04 Interpreters
[1] In General
[2] Sign Language

Nosocomial Infections

§ 7.01 JCAH Standards
[1] In General
[2] Multi-Disciplinary Committee
[3] Records
[4] Written Policies for Each Service
§ 7.02 Liability
[1] Duty
[2] Proximate Causation
§ 7.03 Common Problems
[1] Failure to Diagnose or Monitor
[2] Eye Infections
[3] Surgery
[4] Employee and Visitor Infection
§ 7.04 Liability for Ebola Misdiagnosis or Transmission
[1] Ebola Virus
[2] Symptoms
[3] Transmission and Treatment
[4] Hospital Roles
[5] Discharge
[6] U.S. Cases

Equipment Related Patient Injuries

§ 8.01 Introduction
§ 8.02 Negligence and Malpractice
[1] Duty to Ensure Equipment is Reasonably Safe
[2] Duty to Provide Necessary Equipment
[3] Balancing Tests
[4] Failure to Warn and Informed Consent
[5] Failure to Test
[6] Alleviating the Burden of Providing Negligence
[7] Negligence or Malpractice
§ 8.03 The “Sale” Requirement
[1] In General
[2] Warranty
[3] Strict Liability
§ 8.04 Application of Strict and Warranty Liability to Hospitals for Defective Medical Equipment
[1] Warranty
[2] Strict Liability


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