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Nursing Homes, Long-Term and Advanced-Care Facilities
Last month, we looked at the development of the law of corporate negligence as it is applied in the realm of medical malpractice. We continue that discussion herein.
Where, and How, Is Corporate Negligence Found Today?
In light of corporate negligence's history with state courts, the question becomes: What types of duties have been found to flow directly from nursing homes, long-term and advanced-care facilities (hereinafter “NLAs”) to a potential plaintiff, bypassing employees and agents entirely? Presently, the most frequent application of corporate negligence stems from credentialing physicians prior to admitting them to treat patients. See Fridena v. Evans, 127 Ariz. 516 (1980); Johnson v. Misericordia Cmty. Hosp., 99 Wis. 2d 708 (1981); Fiorentino v. Wenger, 19 N.Y.2d 407 (1967); See also When Doctrines Collide: Corporate Negligence and Respondeat Superior When Hospital Employees Fail to Speak Up, 61 Tulane L. Rev. 85-140 (1986).
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