Hospital Liability

Front Cover
Law Journal Press, Oct 28, 2020 - Law - 1190 pages
"Hospital Liability is a thorough and up-to-date working tool for the litigator/practitioner. You'll want to have it on hand before your next prospective client walks into your office." --Fred Queller of Queller, Fisher, Dienst, Serrins, Washor & Kool, LLP, New York, former president of the New York State Trial Lawyers Association

Whether you represent hospitals, physicians or their patients, this acclaimed publication analyzes the impact of the latest statutes, regulations, cases and trends. Hospital Liability explores issues such as: HMO liability for medical malpractice; nonmedical liability; liability for negligent ambulance service; state rulings on recovery for the wrongful death of a fetus; hospital liability for an infant's injuries in a delayed C-section; informed consent and damages for both disclosed and undisclosed complications; standards for alternative methods of blood conservation and use; punitive damages; reporting and evidence preservation requirements in child abuse and sexual assault cases; pregnancy-related actions; blood services, anesthesia, radiology, surgery, autopsy, and donation liability; hospital liability for the acts of a private physician; the degree to which the hospital owes an independent duty of care to the patient; hospital antitrust liability; the "right to die," including a discussion of decision-making tools such as living wills and durable powers of attorney; liability insurance; and tort reform.

Hospital Liability analyzes theories of liability for the abuse and neglect of nursing home residents as well as the use of class action lawsuits to improve conditions. This timely book also includes coverage of: Modified Uniform Rights of the Terminally Ill Act for removal of life support, nutrition and hydration; the Emergency Medical Treatment and Active Labor Act (EMTALA); a report by the Institute of Medicine on improving the safety of medical treatment; expansion of HMO liability; employment issues for hospitals, including discrimination against disabled persons and sex discrimination; whether a defendant can be his own expert witness; expert testimony on the general practitioner standard of health care; Good Samaritan statutes and medical emergencies; the effect of "AIDS Phobia" on patients and physicians; and the duty of the medical provider to disclose an economic or personal interest in a recommended procedure.

Book ɔ looseleaf, one volume, 1,078 pages; published in 1985, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-035-7

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Contents

CHAPTER
1-1
CHAPTER 2
1-40
Immunity
2-1
iv Wrongful Birth
2-10
Hospital Tortious Liability
3-1
03
1
Standards 1069
4-20
CHAPTER 5
1
CHAPTER 15
14-15
HMO Liability for Medical Malpractice
17-1
CHAPTER
1
17A 03 Privacy 17A7
7
CHAPTER 19
19-1
CHAPTER 13
20-13
6 Availability
1-6
Refusal of Treatment
1-8

CHAPTER 6
5-31
CHAPTER 7
7-1
6 Against Medical Advice
9-1
CHAPTER 10
10-1
2 Deviations from Accepted Obstetrical
10-2
CHAPTER 8
10-8
3 Cunningham v MacNeal Memorial
10-50
3 Delayed Caesarean Section 1072
10-72
CHAPTER 11
11-1
CHAPTER
1
6 Subpoenas 1446
14
vii
14-3
Environmental Hazards
1-17
CHAPTER 9
xii
Equipment Related Patient Injuries
xiv
8 Acquired Immune Deficiency
xvi
Hospital Liability for Employment Law Violations
xxvi
Standard of Care
4-3
Refuse Treatment 132
13
1 SelfReferrals 142
19-1
1 Physician Profiles 148
20-1
vii
20-7
Copyright

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About the author (2020)

James Walker Smith, a partner in the New York firm of Smith Abbott LLP, specializes in medical malpractice and product liability law. Mr. Smith, who holds a J.D. from the Fordham University School of Law and an LL.M. from New York University, has written and lectured on hospital law.

Bibliographic information