And when is a hospitable not liable? My co-worker and I were discussing this because of a situation. Also, if anyone knows of a website that discusses this, we would be interested in the address. TIA--yahoo answers is awesome!

bostonianinmo
If the hospital had knowledge of, or would reasonably be expected to have knowledge of the physician's incompetence yet failed to act to protect the public, the hospital could be held liable.

Further, an employer can nearly always be held liable for the actions of their employees even lacking any reasonable knowledge of the employee's incompetence, malfeasance, etc. as long as the employee is acting within the bounds of their duties to the employer. So, if the doctor was an employee of the hospital they could still be liable for his malpractice even if they had no knowledge of his incompetence just as long as the claim resulted from his performance of his duties as a physician at, for, or at the direction of the hospital.

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Orignal From: When can a hospital be liable for a physician's negligence?

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