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Hospitals Vicarious Liability

Lathrop GPM

Minnesota Supreme Court Holds That a Hospital May Be Held Liable for Negligence of Its Independent Contractors

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On July 29, 2020, in Popovich v. Allina Health, the Minnesota Supreme Court held that a hospital may be held vicariously liable for the negligence of independent contractors, thus reversing a rule that had been in place for...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 6. Privacy Briefs: June 2020

Report on Patient Privacy 20, no. 6 (June 2020): A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed the patient’s...more

Pullman & Comley - Connecticut Health Law

CT Supreme Court Holds Hospital Vicariously Liable for Negligence of Surgical Resident

Following its 2016 decision in Cefaratti v. Aranow, where a hospital was held to be vicariously liable for the negligence of a non-employee physician who held hospital privileges, the Supreme Court of Connecticut recently...more

Amundsen Davis LLC

Apparent Agency Does Not Extend Beyond The Four Walls Of A Hospital: Yarbrough V. Northwestern Memorial Hospital Reversed

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In a sharply divided opinion, the Illinois Supreme Court reversed the holding of the Illinois First District Appellate Court that a hospital can be vicariously liable under the doctrine of apparent authority (a/k/a apparent...more

Pullman & Comley, LLC

Alert: 2016 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

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Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: AC37588 - Prime Locations of CT, LLC v. Rocky Hill Development, LLC - When a commercial condominium unit owner’s association refused to grant their approval for a...more

Hinshaw & Culbertson LLP

Medical Litigation Newsletter - Spring 2016

Reducing Monetary Recovery in “Lost Chance Of [Medical] Recovery” Cases - In medical malpractice cases involving solely “iatrogenic” loss (e.g., harm of or relating to medical treatment), plaintiff bears the burden of...more

McGuireWoods LLP

Kentucky Supreme Court Affirms Punitive Damages 386 Times Compensatory Damages; Clarifies Vicarious Liability Standards

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Last month, the Kentucky Supreme Court affirmed an award of punitive damages against a hospital, under the Emergency Medical Treatment and Active Labor Act (EMTALA), that was a staggering 386 times the hospital’s share of...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - October 2014

9th Circuit Affirms Vicarious Liability–for Anybody–Under TCPA - In a blow to Telephone Consumer Protection Act defendants, the Ninth U.S. Circuit Court of Appeals has ruled that a defendant may be liable for...more

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