Medical Malpractice Update: The Expanding Cause of Action for Corporate Hospital Negligence

Jan. 19, 2011 - PRLog -- Andrew R. McCumber, Managing Shareholder of McCumber Daniels, presented “Medical Malpractice Update: The Expanding Cause of Action for Corporate Hospital Negligence” to the attendees of the 2011 Florida Defense Lawyers Association Winter Seminar.

This presentation provided an overview of the emerging doctrine of corporate negligence.  Nationwide, state courts are judicially expanding traditional theories of hospital liability for physician malpractice and demonstrating an increased tendency to impose direct liability on hospitals for the malpractice of independent contractor physicians.  The development of this new form of liability will substantially increase hospitals’ liability exposure for the acts of independent contractor physicians without giving hospitals any significant increase in control over these providers.  Additionally, the doctrine of corporate liability is providing new avenues by which hospitals can be held directly liable for corporate practices and policies.  This presentation examined the doctrines of direct liability and how plaintiff attorneys are using advances in healthcare like electronic health records to assert direct hospital liability.  

Andrew R. McCumber is a founding shareholder of McCumber, Daniels, Buntz, Hartig & Puig, P.A.  McCumber Daniels has offices located in Tampa, Florida and Philadelphia, Pennsylvania offering a wide variety of litigation defense services including nursing home/assisted living, hospital, medical malpractice, complex commercial and general liability along with appellate work.  Mr. McCumber is a Martindale Hubbell “AV” rated lawyer.  He has been published in numerous publications including the Florida Bar Journal and is a highly respected presenter at conferences and conventions in Florida and throughout the U.S.  Mr. McCumber was recognized by his peers as one of Florida Trend Magazine’s “Legal Elite” in civil trial practice in 2005, 2006 and 2007.  

For more information on this topic, please contact Andrew McCumber at amccumber@mccumberdaniels.com

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McCumber Daniels is a full service, Martindale-Hubbell AV-rated civil litigation firm with offices in Florida and Pennsylvania. McCumber Daniels offers a wide variety of litigation services for insurers, health care facilities, businesses and licensed professionals. With years of legal, corporate, medical, administrative and legislative experience, the firm provides full-service representation for all of our clients in all types of civil disputes or litigation.