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The Emerging Trend Of Corporate Liability: Courts' Uneven Treatment Of Hospital Standards Leaves Hospitals Uncertain And Exposed, David H. Rutchik
The Emerging Trend Of Corporate Liability: Courts' Uneven Treatment Of Hospital Standards Leaves Hospitals Uncertain And Exposed, David H. Rutchik
Vanderbilt Law Review
Under the doctrine of hospital corporate liability, a hospital has a nondelegable, direct duty to provide adequate care to all of its patients.' This duty is not a product of a master-servant or a principal-agent relationship, nor is hospital tort liability predicated on a showing of vicarious liability, because the hospital's liability flows directly from the hospital to its patients. Consequently, a hospital may be liable for the negligent act of an independent staff physician, even if that physician is an independent contractor. The corporate liability, or corporate negligence, doctrine thus extends potential liability beyond the sphere of respondeat superior. …
Human Health Risk Assessments For Superfund, W. Kip Viscusi, James T. Hamilton
Human Health Risk Assessments For Superfund, W. Kip Viscusi, James T. Hamilton
Vanderbilt Law School Faculty Publications
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is scheduled for reauthorization in the spring of 1995, and Congress must decide either to continue the Superfund program in its current form or to modify it in some manner. Congress cannot sensibly decide how to reauthorize CERCLA without understanding the program's progress toward one of its fundamental missions: the reduction of risks to human health and the environment from uncontrolled hazardous waste sites... This article is structured in six sections. Section I provides background on how risk assessment data are used at Superfund sites.Section II details the construction and organization …