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Torts

Cleveland State Law Review

Journal

Hospital liability

Articles 1 - 7 of 7

Full-Text Articles in Law

Judicial Recognition Of Hospital Independent Duty Of Care To Patients: Hannola V. City Of Lakewood, David A. Beal Jan 1981

Judicial Recognition Of Hospital Independent Duty Of Care To Patients: Hannola V. City Of Lakewood, David A. Beal

Cleveland State Law Review

This Note will examine the court's rationale in Hannola v City of Lakewood and the previous leading Ohio case on emergency room care, Cooper v. Sisters of Charity. This Note will similarly examine "control" tests of employment, the concept of apparent authority and the series of cases on independent duty of care which have been decided in the eleven years between Cooper and Hannola. It is the conclusion of this Note that the Hannola decision is more consistent with the realities of employment and service in the health care industry, and that the public policy arguments presented by the court …


Hospital Liability: Implications Of Recent Physician's Assistant Statutes, Daniel W. Coyne Jan 1972

Hospital Liability: Implications Of Recent Physician's Assistant Statutes, Daniel W. Coyne

Cleveland State Law Review

New methods must be devised to increase the efficient use of the available supply of physicians. "Among the innovations being tried with physicians is the development of new disciplines involving assistants to physicians." Increasing utilization of returning medics from the armed forces is being undertaken to help relieve the civilian manpower shortage. The legal implications of these developments range from problems of licensure to considerations of vicarious liability for an assistant's negligence (malpractice) or for the negligence of the assistant's supervising physician. It is with a species of this latter problem that this paper will be concerned. But one ought …


The Hospital's New Responsibility, Arthur F. Southwick Jan 1968

The Hospital's New Responsibility, Arthur F. Southwick

Cleveland State Law Review

The focus for this discussion is the hospital as a corporate institution and its liability for injuries caused a patient or visitor. The fundamental question is: What legal duties does the hospital and its personnel owe the patient or the visitor? To attempt an answer to this question one must first have an understanding of the role and nature of a hospital in modern society.


Malpractice Used As A Hospital Defense, Carl H. Miller Jan 1961

Malpractice Used As A Hospital Defense, Carl H. Miller

Cleveland State Law Review

Hospital immunity in negligence and other torts of agents and employees is disappearing steadily. The course of decisions in many states has been consistently in the direction of elimination of "charitable" immunity of hospitals. Seeking another line of defense, hospital administrators have re-examined the parties generally involved in a medical negligence action-patient, physician and hospital. Hospital administrators realized quickly that in order to remain free from general negligence liability, the main onus of tort responsibility would have to be shifted to the physician (or even the nurse) whenever and wherever possible.


Tort Liability Of Hospitals, B. Joan Holdridge Jan 1959

Tort Liability Of Hospitals, B. Joan Holdridge

Cleveland State Law Review

In recent years, hospitals have undergone changes both in their financial and physical structures. These changes have resulted in a general alteration of the attitude of the courts toward the liability of hospitals for their torts. From a position of almost total immunity the pendulum is rapidly swinging toward liability generally for their negligence. Since most jurisdictions classify hospitals into three types: private, charitable, and public, when determining their liability or particular acts, this article will discuss each of these classes separately. However, for the sake of convenience, the general rules of liability will be set forth in the discussion …


Torts Of Administrative Personnel Of Hosptials, Rathuel L. Mccollum Jan 1959

Torts Of Administrative Personnel Of Hosptials, Rathuel L. Mccollum

Cleveland State Law Review

The purpose of this article is to review and analyze cases in which torts have been committed by hospital personnel who may be considered as administrative employees.


Hospital Immunity, Ellis B. Brannon Jan 1957

Hospital Immunity, Ellis B. Brannon

Cleveland State Law Review

An archaic rule has been modified in Ohio by the Supreme Court decision in Avellone v. St. John's Hospital. However, this decision leaves open the question of whether the Ohio Supreme Court will apply the New York Rule to hospital liability in Ohio, or whether it will apply a less restrictive rule of liability to hospitals in this State. Essentially, the question is whether the hospital will be held responsible for all acts of negligence of its agents occurring within the physical confines of hospital premises, or whether it will be excluded from liability in those instances where the act …