Making Hospitals Accountable
Philip G. Peters Jr.
University of Missouri at Columbia - School of Law
June 21, 2009
Regulation, Vol. 32, No. 2, pp. 30-36, Summer 2009
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.
Number of Pages in PDF File: 7
Keywords: vicarious liability, tort law, evidence-based medicine, hospital enterprise liability, malpractice
JEL Classification: I10, I11, K13
Date posted: July 14, 2009