No tort reform has more potential to improve the quality of medical care and to reduce the frequency of patient injuries than exclusive hospital enterprise liability. Hospital enterprise liability would make hospitals liable for all patient injuries occurring in the hospital that are the product of provider negligence, regardless of the independent contractor status of the providers. In its “ex...

BACKGROUND Medical liability concerns centered around maternity care have widespread public health implications, as restrictions in physician scope of practice may threaten quality of and access to care in the current climate. The purpose of this study was to examine national trends in prenatal care settings based on medical liability climate. METHODS Analysis of prenatal visits in the Nation...

When a hospital is sued following a patient suicide, the usual claim is wrongful death. An earlier study) and more recent claims data2•3 show it to be a frequent basis for negligence actions against psychiatrists and psychiatric hospitals. The notion that patient suicide in a hospital setting is, of itself, evidence of poor or inadequate professional care has an obvious common-sense appeal. How...

We assess the potential for medical liability forces to deter medical errors and improve health care treatment quality, identifying liability's influence by drawing on variations in the manner by which states formulate the negligence standard facing physicians. Using hospital discharge records from the National Hospital Discharge Survey and clinically-validated quality metrics inspired by the A...

Adopting new technologies alters a hospital’s risk of liability for adverse medical events. Using 1990-1993 data from Florida hospitals, we identify all in-hospital incidents leading to malpractice claims against the hospital and physicians. Hospital innovativeness is measured by constructing a Baker-Spetz technology index in which the 22 included services are weighted by their relative rarity....

Systematic observance of infection control principles in surgery, whether conducted on an inpatient or outpatient basis, is an indispensable precondition for quality management. In Germany, the introduction of the Protection against Infection Act (IfSG) on 1 January 2001 represented a milestone for regulation of the framework conditions in outpatient surgery. Once again, infection control issue...

civil liability in electronic communications is one the most important issues of information and communications technology (ict) law. civil liability may be arisen from different causes such as copyright and trade mark infringement invasion of privacy and defamation. when discussing civil liability, two different civil liability systems may be considered: direct and indirect civil liability. in...

sometimes, following of islamic law, there is a liability of paternal relatives, relatives and public treasury that some of the jurists say that this liability is a against of personal liability and therefore they oppose or limit this liability. but the analysis of this liability shows that this liability is a tort. in the other hand, in some of the countries the vicarious liability is a princi...

where the debtor fails to perform the contract, he would have contractual liability. (this amount to contractual liability of the debtor) can debtor have the right to ignore contractual liability and invoke for tortuous? right to choose is definitely raised where non-performance of contract amounts to contractual liability as well as tortuous liability. some confirm this right to choose and giv...

Mental health clinicians are increasingly held civilly liable for the dangerous acts of their psychiatric patients. One area of liability is the negligent release of involuntarily committed patients who engage in dangerous acts after their hospital discharge. All states have provisions for extended involuntary commitment for mentally ill dangerous patients. We examined extended civil commitment...