1. Much has been made lately of medical malpractice suits. Do you think they protect the consumer or merely hinder health care in the US? Why or Why not? Can you back up your arguments?
2. Based on the case below, do you agree or disagree with the decision?
Beeck v. Tuscson General Hospital
Ariz. Ct. App. (1972)
At trial the court granted TG’s motion for
summary judgment holding Rente was an
independent contractor and Beeck
appealed
Issue: Does an employee-employer
relationship exist between a hospital and a
doctor who performs a function without
which the hospital could not achieve its
purpose?
Holding: Yes; Reversed and remanded.
Under the inherent function doctrine, an
employee-employer relationship exists
between a hospital and a doctor who
performs any function without which the
hospital could not achieve its purpose.
A hospital must meet standards of
responsibility commensurate with its high
undertaking to preserve and protect the
health and lives of its patients. Without a
radiology department, a hospital could not
meet its responsibilities.
All radiology facilities, equipment, and
administrative services were provided by the
hospital and the doctrine of respondeat
superior applies, thus TG may be held
vicariously liable for Rente’s negligence.
Preferred language style US English
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