Climate Change Project

Table of Contents



previous next Up Title Contents

Protection Strategies and Indemnification

Put simply, if the physician appears to be an employee of the hospital, the courts are beginning to hold that the hospital may be held responsible for the physician's actions. A court may find that this liability arises from an implied employment or agency relationship between the hospital and the physician, or the court may find that the hospital has breached its general duty to monitor the competence of the physicians on its medical staff. The proper mechanism to deal with the liability depends upon the type of relationship between the physician and the hospital. Even if the court finds that the physician was actually an employee of the hospital for liability purposes, this does not alter the contract between the hospital and the physician. The hospital may be liable to the patient, but it still may be able to use its contract with the physician to protect itself from having to pay an adverse settlement. This strategy is called indemnification.

previous next Up Title Contents

The Climate Change and Public Health Law Site
The Best on the WWW Since 1995!
Copyright as to non-public domain materials
See DR-KATE.COM for home hurricane and disaster preparation
See WWW.EPR-ART.COM for photography of southern Louisiana and Hurricane Katrina
Professor Edward P. Richards, III, JD, MPH - Webmaster

Provide Website Feedback - https://www.lsu.edu/feedback
Privacy Statement - https://www.lsu.edu/privacy
Accessibility Statement - https://www.lsu.edu/accessibility