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Process Essay: Does This Make Good Public Policy?

Decent Essays
Does this make good public policy? I do not feel that this makes for good public policy. This judgement establishes that a health care facilities has the duty to provide negligent free services within its walls regardless of by whom and what relationship they have with that party. This sets all hospitals up for unlimited lawsuits regardless of the who commits the act of negligence regardless of their own involent, They are merely guilty by association The fact that Jackson concluded ERI was not responsible for the negligence under respondeat superior, it is a bigger leap to claim that FMH carried the same responsibility of which they absolve ERI. Furthermore PMH held no enterprise liability as they themself did not display negligence nor were they aware of any prior behavior of Powers that would suggest future negligence For example, if a hospital contracts with an organization such as ERI to provide emergency department physicians, and if the contract includes a provision to the effect that the hospital has no control over the physicians and that ERI alone may choose, credential, schedule, and supervise the services of those physicians, is it fair to hold the hospital liable? It is not right to hold the hospital liable. It nor…show more content…
No control is a valid defense. According to Dangel (1986) in Hannola v City of Lakewood, “Physicians practice medicine; that the hospital did not and had no right to control.” “Since the lawsuit was with regard to the practice of medicine and the standard of care therein, the Hospital cannot and should not be liable for the decisions and care rendered by the physician. Should it determine the outcome of the case? By applying a “no control” defence, it would seem that the hospital would not be held liable. This would have most certainly affected the outcome of the cased. The practice of medicine is not the responsibility of the hospital and the hospital should not be held
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