7 Pages Posted: 14 Jul 2009
Date Written: June 21, 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.
Keywords: vicarious liability, tort law, evidence-based medicine, hospital enterprise liability, malpractice
JEL Classification: I10, I11, K13
Suggested Citation: 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