Question
Despite the holding in Burless v. West Virginia University Hospital , most jurisdictions are still unwilling to hold hospitals liable for the malpractice of non-employee
Despite the holding inBurless v. West Virginia University Hospital, most jurisdictions are still unwilling to hold hospitals liable for the malpractice of non-employee physicians.Why is this the case? Under what circumstances, if any, would one support imposing liability on hospitals for the malpractice of non-employee physicians?Did theBurlessdecision went too far?Can an argument be made that it did not go far enough - i.e., that hospital should be liable for the malpractice of non-employee physicians in an even broader set of circumstances than those described in the opinion?
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