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The Hospital Defendant

By Elliott B. Oppenheim

Hospitals have a legal duty to make health care as safe as is possible so that the hospital, through practitioners under its aegis, can offer the proper standard of care. When the hospital fails in this regard, a lawyer may consider a negligent credentialing claim where the hospital did not appropriately credential a practitioner and a direct claim of negligence against the hospital where the institution did not have sufficient policies and procedures, and carry them out, in order to protect patients.

Think in terms of the motor vehicle accident: When an innocent driver is hit by a speeding driver whose brakes failed because of a manufacturing defect and whose vision was obstructed by tree branches over the intersection, proper defendants for a lawsuit would be the speeding driver, the brake manufacturer, the maintenance mechanic and the municipality that did not cut the trees in the intersection. The speeding driver may derive defenses from the brake manufacturer, the mechanic and from the municipality, as well.

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