Corporate Negligence

Question 1

Darling v. Charleston Community Memorial Hospital

Answer 1

-Hospitals must review & supervise staff, whether or not employees

-S.Ct. of IL: Reasonable jury could find corp. negligence - verdict upheld.

-Nurses didn’t check circulation often enough

-Dr. cut leg & failed to detect gangrene
Hospital administrators remained ignorant of problems

Question 2

Thompson v. Nason Hospital

Answer 2

-Hospital must ensure patient’s safety & wellbeing while in hospital

-Use reasonable care to maintain safe & adequate facilities & equip.

-Select & retain competent physicians
Oversee all clinicians who practice medicine in hospital

-Formulate, adopt & enforce adequate rules & policies re: quality care

Question 3

Negligent credentialing

Answer 3

Liability for allowing incompetent doctor to practice medicine at hospital

-Generally, hospitals seek references, check degrees & background dr. claims, & check for complaints & malpractice lawsuits.
–> No defense if dr. lied

-Duty to re-examine dr.’s record before re-credentialing

Question 4

Does the corporate negligence theory apply to HMOs (Health Maintenance Organizations)?

Answer 4

Yes

Question 5

Corporate Negligence Theory

Answer 5

1. Not Maintaining equipment
2. Failing to have protocols and procedures
3. Failing to oversee staff
4. Failing to hire a qualified physician