Making Hospitals Accountable

7 Pages Posted: 14 Jul 2009  

Philip G. Peters Jr.

University of Missouri at Columbia - School of Law

Date Written: June 21, 2009

Abstract

Modern health care is delivered by large teams of highly trained individuals in a complex web of interaction that demands coordination and oversight. For this reason, the traditional model of malpractice liability, in which the individual caregiver is liable, is outmoded: medical errors often are the result of system failures, and systemic changes best address these problems. For this reason, a robust regime of hospital vicarious liability has more potential than any other malpractice reform to realign the deterrent power of tort law with the goal of patient safety.

Keywords: vicarious liability, tort law, evidence-based medicine, hospital enterprise liability, malpractice

JEL Classification: I10, I11, K13

Suggested Citation

Peters Jr., Philip G., Making Hospitals Accountable (June 21, 2009). Regulation, Vol. 32, No. 2, pp. 30-36, Summer 2009. Available at SSRN: https://ssrn.com/abstract=1432456

Philip G. Peters (Contact Author)

University of Missouri at Columbia - School of Law ( email )

Missouri Avenue & Conley Avenue
Hulston Hall
Columbia, MO 65211
United States
573-882-8274 (Phone)

HOME PAGE: http://www.law.missouri.edu/peters/

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