FIU The Darling Case Healthcare Organizations Liability Discussion Nursing Assignment Help

I’m working on a health & medical case study and need the explanation and answer to help me learn.

requesting 2 paragraphs regarding the case https://www.casebriefs.com/blog/law/health-law/health-law-keyed-to-furrow/liability-of-health-care-institutions/darling-v-charleston-community-memorial-hospital/ 

Expert Solution Preview

In the case of Darling v. Charleston Community Memorial Hospital, the main issue revolves around whether the hospital can be held liable for the negligence of its independent contractor physician, Dr. Ballinger. The plaintiff, Mary Darling, underwent an operation performed by Dr. Ballinger at the hospital. Following the surgery, she experienced severe pain and was eventually diagnosed with a perforated bowel. She filed a lawsuit against both Dr. Ballinger and the hospital, alleging that the hospital was vicariously liable for the actions of Dr. Ballinger.

To understand the liability of the hospital, it is important to note that Dr. Ballinger was not an employee of the hospital but an independent contractor. The court applied the doctrine of apparent agency to determine whether the hospital could be held liable for Dr. Ballinger’s negligence. The doctrine of apparent agency states that a hospital can be held responsible for the actions of a non-employee physician if the patient reasonably believed that the physician was an employee of the hospital.

In this case, the court found that the hospital had created a perception of agency through various actions. The hospital advertised Dr. Ballinger’s services, provided him with office space and staff, and even required patients to sign consent forms that referenced the hospital. The court concluded that these actions could have led a reasonable patient to believe that Dr. Ballinger was an employee of the hospital. As a result, the hospital could be held liable for his negligence under the doctrine of apparent agency.

In conclusion, the case of Darling v. Charleston Community Memorial Hospital explored the liability of a hospital for the negligence of its independent contractor physician. The court determined that the hospital could be held responsible based on the doctrine of apparent agency. The hospital’s actions created a perception of agency, leading the patient to reasonably believe that the physician was an employee of the hospital. Therefore, the hospital was found to be vicariously liable for the physician’s negligence.

Share This Post

Email
WhatsApp
Facebook
Twitter
LinkedIn
Pinterest
Reddit

Order a Similar Paper and get 15% Discount on your First Order

Related Questions

Submit a paper with one to two pages of information

  Submit a paper with one to two pages of information in APA format. including a cover page, an /abstract statement, and references  the paper will be five pages total.  Submit via Canvas. Include these topics in your paper: Discuss ethical standards required for a person who works with information

During this week five you will write about healthcare professionals

  During this week five you will write about healthcare professionals who are working in a hospital. Briefly describe their responsibilities.  In addition; consider any additional staff who are needed to improve healthcare services in this hospital. Assignment should be at least 2 pages, Times New Roman, 12) and attach

Dikala bermain Judi Slot online, apa saja pasti membuat suka.

 Dikala bermain Judi Slot online, apa saja pasti membuat suka. Dengan terdapatnya banyak web agen judi online memungkinkannya sebagian betaruh( pemain) buat bermain kapan juga serta dimanapun. Antara web judi online yang sering dimainkan yakni mesin slot online. Slot online Indonesia selaku salah satunya jenis game kasino yang prospektif sebagian

Food in the US

California, Colorado, Texas, and Louisiana (writer choice on which 2) Power Point Presentation This will only be submitted, it is not a live presentation The students should consider the following: • Identify two states in the United States (1 Slide) • Identify the political processes that determined how food is

Discussion Question: Must be at least 300 words What are

Discussion Question: Must be at least 300 words What are key words and phrases you hear the Alpha Dogs in your organization say often? Examine these words and phrases by connecting them to your readings. Discussion Question: Must be at least 300 words.  What are some potential pitfalls of the

Describe the value and components of a needs assessment used

Describe the value and components of a needs assessment used to determine the training requirements of an organization Describe adult learning principles Explain the importance of developing learning activities Compare and contrast methods of experiential learning Describe the importance of creating Specific, Measurable, Achievable, Realistic, and Time-oriented (SMART) objectives for

Discussion Board Topic: Consider the Supreme Court decisions of the

Discussion Board Topic: Consider the Supreme Court decisions of the 20th Century designed to reform the operation of the juvenile courts.  Were these a success or failure in light of the original intent of the juvenile courts?  Explain your answer using examples from the text and the assigned documentaries. Refer to

Over the last two decades, transnational co-production has become the

5. What are “Canadian content” regulations? Why do they exist? Outline some of the major problems that have faced the Canadian television industry in the past with special consideration of the CBC, Canada’s national public broadcaster, and consider the new challenges and/or opportunities that the shift to digital distribution presents

Purpose This assignment is intended to give you an opportunity

Purpose   This assignment is intended to give you an opportunity to strengthen your skills in gathering and analyzing business-related information. It provides a deeper understanding of how companies can look at globalization as part of their strategic and operational plans. The assignment has two parts: one focused on information research

The Travels of Sir John Mandeville

Description Must use the sources: Provincializing Europe by Dipesh Chakrabarty World Histories by Marnie Hughes Warrington Herodotus Diodorus William of Tyre Geoffrey de Villerhardouin Travels of Sir John Mandeville Prompt: In the first half of the quarter, we are focusing on the development of Western historiography from the Classical Greek

What are the values of your organization (or an organization

What are the values of your organization (or an organization with which you are familiar)? What leadership style do you see applied? What characteristics of a servant leader philosophy do you see applied here? What characteristics of conscious capitalism are evident? How does the leadership style affect employee developmental needs

Go online and research some tools that would be valuable

  Go online and research some tools that would be valuable in collecting both live memory images and images of various forms off media. Put together a shopping list for your manager that includes tools needed  to be purchased. Include a price if applicable. Write your answer using a WORD document. Do your own work. Submit

· Potential Solutions and Impacts o Analyze the efforts being

   · Potential Solutions and Impacts  o Analyze the efforts being made by those in the profession to resolve the dilemma (rules, standards, codes of conduct, laws, etc.). Consider the likely impacts of various solutions. What are the outcomes of each solution? Who (e.g., stakeholders) will the solution affect? How