8/10/2019 Formed Corporate Negligence

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Doctrine of Corporate Negligence

  The Doctrine of Corporate Negligence or Corporate Responsibility has beenregarded as the solution by the Courts to the complex problem of distributing ahospital’s liability for the negligence of its health practitioners, when the

respondeat superior or apparent authority is inapplicable.

1

   Said doctrine is grounded on realization of the Courts of the apparent fact that, at

this present age, given the developments of modern-day hospitals, “the duty of providing quality medical service is no longer the sole prerogative and

responsibility of the physician.” This is now a shared responsibility.

  The Doctrine of Corporate Negligence has its roots in the case of Darling v.Charleston Community Hospital.

2 According to the case, the hospital was found

to have been negligent on account of its failure to: “have a sufficient number of

trained nurses attending the patient, failing to required a consultation with or

examination by members of the hospital staff, and failing to review the treatment

rendered to the patient.” 

 

The case of Darling has been the foundation of other jurisdictions for holding thata hospital’s corporate negligence extends to consciously letting a physician,

known to be incompetent, to practice medicine at the hospital.

  A several number of duties are now expected hospitals given the modernization of

society: “(1) the use of reasonable care in the maintenance of safe and adequate

facilities and equipment; (2) the selection and retention of competent physicians;

(3) the overseeing or supervision of all persons who practice medicine within itswalls; and (4) the formulation, adoption and enforcement of adequate rules and

 policies that ensure quality care for its patients.”3 

  Under the Doctrine of Corporate Responsibility, a hospital has the responsibilityto see to it that it meets the standards of responsibilities for the care of patients

and must properly supervise the members of its medical staff.4

   When a patient engages the services of a hospital, he has the right to reasonably

expect that it will cure him. Because of this, the hospital has the corresponding

duty to “to make a reasonable effort to monitor and oversee the treatment

 prescribed and administered by the physicians practicing in its premises.”5 

1 Professional Services Inc vs Court of Appeals 611 SCRA 282 (2010)2 33 Ill. 2d 326, 211 N.E. 2d 253.3 Welsh v. Bulger, 548 Pa. 504, 698 A.2d 581 (1997).4 Tucson Medical Center, Inc. v. Misevich115 Ariz. 34, 545 P2d 958 (1976).5 Bost v. Riley 262 S.E. 2d 391, cert denied 300 NC 194, 269 S.E. 2d 621 (1980).