Hospital Liability, Volume 596

Front Cover
Law Journal Press, Oct 28, 2023 - Law - 1242 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

From inside the book

Contents

CHAPTER
1-1
ii State Action
1-18
04
1-28
05
1-40
07
1-48
CHAPTER 1
3-1
03
3-13
04
3-31
for Incompetents
12-45
03
13-37
Patient Medical Records
13-69
CHAPTER 15
14-15
01
14-16
05
14-34
d Staff Categorization 113
1
CHAPTER 16
16-1

05
3-38
03
4-17
04
4-31
CHAPTER 4
5-4
616
6-16
Standard of Care
6-28
Reasonably Safe
8-1
03
8-12
01
9-1
CHAPTER 2
9-2
02
9-10
1 In General
10-1
CHAPTER 7
10-7
CHAPTER 6
10-8
10
10-10
CHAPTER 11
10-31
CHAPTER 10
10-38
03
10-54
Admission and Emergency Treatment
10-60
c Consent
10-82
01
11-1
CHAPTER
1
CHAPTER 5
5
11A 04 Pharmacy Recordkeeping 11A10
10
11A 08 Medication Errors 11A15
14
11A 10 Authority of NonPhysicians to Prescribe
19
1 Hospital Responsibility
1
CHAPTER 13
12-43
2 The ActOmission Distinction
16-2
02
16-22
Introduction
17-1
04
18-14
01
19-25
205
20-5
vii
20-6
1 Causes of Action
20-11
CHAPTER 19
20-13
05
20-19
Medically Appropriate Basis
1-12
Hospital Professional Liability Insurance
1-23
Nosocomial Infections
1-47
ii Informed Consent
ii
and Active Labor
xii
01
xiv
a Due Process
xxviii
03
xxix
02
xxx
03
xxxvi
Standard of Reasonable Care And Skill
4-5
Index
6-13
04
10-10
05
13-3
CHAPTER 13
13-9
07
16-14
vii
25
Copyright

Common terms and phrases

About the author (2023)

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