Hospital Liability Law explores the area of law known generally as "hospital liability," the duties and responsibilities a hospital owes to its patients, and the theories under which a hospital may be held liable, including negligence; lack of informed consent and/or informed refusal; unauthorized treatment which may lead to a cause of action for battery; breach of privacy for the unauthorized release of a patient's medical record; and breach of contract. This almanac also discusses the responsibility of the hospital for the actions of its employees, including physicians, residents, interns, nurses, hospitals, mental health professionals, anesthesiologists, and other persons who provide medical care. This almanac examines the elements necessary to prove the various theories of liability that support a prima facie hospital malpractice claim, the defenses to such claims, the litigation procedures unique to medical malpractice, the responsible parties and apportionment of liability, and the damages recoverable. The Appendix provides applicable statutes, resource directories, and other pertinent information and data. The Glossary contains definitions of many of the terms used throughout the almanac.

Whether you represent hospitals, physicians or their patients, this acclaimed publication analyzes the impact of the latest statutes, regulations, cases and trends.

This volume presents, from an international legal perspective, research on the legal liability of hospitals in the USA, Canada, the United Kingdom, Australia, and South Africa. It describes and explains the following grounds or theories which establish liability in the legal systems of the various countries: - indirect or vicarious liability; - direct or primary liability; - liability in terms of the non-delegable duty; - breach of contract; and - doctrines invoking liability. Detailed discussion of case law - including cases involving such related areas as the liability of airlines, shipping companies, and other groups - shows how the different grounds in various countries' legal systems are successfully applied. The Legal Liability of Hospitals will be of great value to practising lawyers, law students and teachers, and health care management officials.

Establishing the Professional Relationship; Negligence-Based Claims; Intentional Torts; Informed Decision Making; Causation and Damages; Affirmative Defenses; Limitations and Immunities; Vicarious Liability and Multiple Defendants; Hospital Liability; Contract, Warranty and Strict Liability; Reforming the Litigation System.

A Practitioner's Guide to Hospital Liability begins with the foundations of how hospitals are organized, how their duty of care is established, and what the basics of the cause of action would be in litigation. Unusual cases of intentional acts, such as assault and battery are covered, while most of the book deals with liability claims arising of out accidents and negligent acts.