1. Institutional vicarious liability for physicians: have we reached the tipping point?
- Author
-
Lorian Hardcastle
- Subjects
Vicarious liability ,Canada ,Nursing staff ,business.industry ,Health Policy ,media_common.quotation_subject ,Malpractice ,Liability, Legal ,Tipping point (climatology) ,Patient care ,Nursing ,Physicians ,Accountability ,Remuneration ,Medicine ,Humans ,Quality (business) ,business ,media_common - Abstract
Historically, physicians were solely responsible for patient care, whereas hospitals merely provided equipment and nursing staff. Despite significant changes in the doctor-hospital relationship, Canadian courts maintain that physicians are independent contractors. This article explores whether proposals to tie remuneration to performance, increased board or management involvement in privileging, and shared accountability for quality between physicians, boards, and other providers will prompt the courts to shift to hospital vicarious liability for physician negligence.
- Published
- 2011