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Full-Text Articles in Law
Malpractice Used As A Hospital Defense, Carl H. Miller
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.
Res Ipsa Loquitur In Malpractice Cases In Canada, John H. Harland
Res Ipsa Loquitur In Malpractice Cases In Canada, John H. Harland
Cleveland State Law Review
We do not intend here to advocate or condemn application of the doctrine of res ipsa loquitur in malpractice cases, but simply to indicate the cases where it was or was not applied, relying where possible on direct quotation from the judgments.