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PubMed1979

Hospital responsibility for physician negligence: changing concepts of liability.

The honeymoon between the hospital and the courts, under which the institution was absolved from blame in a negligent physician's actions, is over. The relationship between the hospital and patient is taking the center stage in court actions, with some important new developments and future trends to be taken into account by those seeking to prevent malpractice claims.

Institutional Practice↗
PubMed1980

The ordinary and the extraordinary in institutional litigation.

Institutional litigation, in which courts are requested to oversee the operation of large public institutions, has been frequently attacked as a departure from the traditional model of litigation. In this Article, Professors Eisenberg and Yeazell argue that the procedures and remedies employed in institutional litigation are not unprecedented but have analogues in older judicial traditions. Nor, they assert, do the doctrines of separation of powers and federalism present any obstacles to institutional litigation. They conclude that the novelty lies in the newly created substantive rights which courts are asked to enforce.

Civil Rights↗