Outpatient Surgery Magazine

Compounding Disaster - July 2016 - Subscribe to Outpatient Surgery Magazine

Outpatient Surgery Magazine, providing current information on Surgical Services, Surgical Facility Administration, Outpatient Surgery News and Trends, OR Excellence and more.

Issue link: http://outpatientsurgery.uberflip.com/i/703764

Contents of this Issue


Page 32 of 168

pain may be considered inappropriate notification in court. • Evaluate non-employees. Don't neglect your role as gatekeeper, either. Your facility's liability for the actions, inactions or miscon- duct of subcontractor personnel is a valid concern, so it is critically important to routinely evaluate everyone who provides patient care services on a contract basis. OSM Mr. Roberts (kroberts@bracheichler.com) is a member of the Health Care Practice Group at Brach Eichler in Roseland, N.J., where he focuses on com- plex insurance litigation and PIP (personal injury protection) arbitration. J U l y 2 0 1 6 • O U T PA T I E N TS U R G E R Y. N E T • 3 3 In a ruling on the case of Cordero v. Christ Hospital in 2008 (osmag.net/CYEd9g), a New Jersey appeals court let a patient pursue a liability claim against the hospital due to the actions of an anesthesiologist subcontractor based on "the totality of cir- cumstances." The circumstances through which the court decid- ed that the physician had acted as the hospital's apparent agent included: • Whether the hospital had supplied the physician. • Whether the care the physician provided was integral to the treatment the patient received. • Whether the patient had been notified of the physician's inde- pendence from the hospital. • Whether the patient had been given the opportunity to reject the care or select a different doctor. • Whether the patient had had any contact with the physician before the case. • Whether the patient had any special knowledge of the physi- cian's contractual arrangement with the hospital. — Keith J. Roberts, JD VICARIOUS LIABILITY Court: Hospital Liable for Contracted Anesthesiologist

Articles in this issue

Links on this page

Archives of this issue

view archives of Outpatient Surgery Magazine - Compounding Disaster - July 2016 - Subscribe to Outpatient Surgery Magazine