Dr. Bob is on the staff at Hospital, Inc. He commits malpractice at the hospital, and the
plaintiff sues both Dr. Bob and Hospital, Inc. Assuming no fault on the part of Hospital,
Inc., which of the following is most complete and true?
A. Hospital, Inc. will be liable.
B. Hospital, Inc. and Dr. Bob will be liable.
C. Dr. Bob will be liable.
D. Hospital, Inc. or Dr. Bob, but not both, will be liable.
I actually put down D. But i was told it was incorrect.
Thanks!
jurydoc
This is a horribly ambiguous question. The phrase "assuming no fault on the part of the Hospital" is misleading since Dr. Bob is "on the staff" their "fault" could be ipso facto in hiring him which is answer B. Assuming no fault, however, implies C, only Dr. Bob will be liable.
wizjp
. Dr. Bob will be liable.
hopsital by your statement is not liable
K R
both
Crouching Doggie
To obtain a successful claim for malpractice against a physician, there are 4 elements which must be proven (this can be found in any basic text of malpractice law). Regrettably, this question is extremely ambiguous in detailing what the duty of the physician was, just how there was a breach of this duty, how this breach was in conflict with the standard of care and exactly what damages were sustained by the plaintiff. Most importantly, with reference to this question, it remains unclear what the duty of the Hospital has in the treatment of this patient, and as such, this would directly impact whether the hospital can be appropriately designated as a co-defendant.
hobbs1833
Most hospitals have gotten away from having Doctors on the staff because of malpractice-that is why you get a bill from the Hospital and one from the Doc. But it depends on how the agreement is worded between the two entities. If hospital provides training on its equipment/facility and Doctor did not get it then yes Hospital, but if Dr. Bob did something that any Dr/ should now then Dr. Bob is at fault.
chitral photos 453, 54, 58, 59, 82
Image by groundreporter
Video explaining the medical condition, Chondromalacia of the Patella (a common knee injury). Brought to you by Medical Malpractice Attorney, Kim Bouck from Rue & Ziffra, PA
Video Rating: 0 / 5
Orignal From: Would a doctor or hospital, or both, be liable for malpractice??
Post a Comment