Corporate negligence doctrine expanded in recent Nevada ruling.
In summary, Texas courts generally do not hold hospitals liable for negligent acts of non-employee physicians under the theory of corporate liability. Hospitals should take care to maintain fair and efficient procedures for granting and reviewing physician staff privileges. Hospitals clearly have a duty to maintain competent staff members and should withhold staff privileges if a physician is incompetent. Unfortunately, some plaintiffs' attorneys attempt to equate incompetence with a particular, and often singular, act. No Texas court has upheld this claim, and none should. A bad result, a negligent act or a medical accident does not, by itself, constitute incompetence.
Davis
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Texas Hospital Association.
D002983:Clinical Competence / Q000331:legislation & jurisprudence*; D005260:Female; D006801:Humans; D007325:Institutional Practice / Q000331:legislation & jurisprudence*; D008318:Malpractice / Q000331:legislation & jurisprudence*; D008505:Medical Staff, Hospital / Q000592:standards*; D009505:Nevada; D013781:Texas