Question
2. From the class sessions and Chapter 5 in the textbook of Law and Health Care Quality, Patient Safety, and Liability, address the following: a)
2. From the class sessions and Chapter 5 in the textbook of "Law and Health Care Quality, Patient Safety, and Liability", address the following: a) Explain the meaning and application of "Vicarious Liability of Hospitals for Negligence of Medical Staff", and the considerations this concept presents - drawing upon the related cases in the textbook to illustrate the application of the concept and the particular considerations (under Notes and Questions) mentioned by the authors (pp. 231 - 245).
Explain Vicarious liability in detail with subparts explaining (A). Actual Agency and the "Control" Test by explaining case Scott v. SSM Healthcare St. Louis in detail and ponits related to this 1.Is a Physician the "Servant" of a Hospital? 2. Hospital Employment of Physicians. 3. Corporate Control and Private Equity (B) Apparent Agency by explaining case in detail Burless v. West Virginia University Hospitals, Inc. with points related to this case 1. Hospital Medical Staff. 2. Relying on the Hospital for Care. 3. ER Physicians 4. Non-Delegable Duties. 5. Hospital Parent Companies. b) Explain the meaning and application of "Direct Institutional Liability", and the considerations this concept presents - drawing upon the related cases in the textbook to illustrate the application of the concept and the particular considerations (under Notes and Questions) mentioned by the authors (pp. 261 - 267).
(explain liabilities of health plan include Employee Retirement Income Security Act (ERISA)- (A)Vicarious Liability (B) Direct Institutional Liability -explain this point in detail with Shannon v. McNulty with points related this case 1. Cascade of Failures 2. Poor Plan design 3. HMO? 4. Health Plan Credentialing 5. Duty to Supervise and control Network Physicians (C)Physician Incentive Systems)
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