SIMON, MARY C (INDIVIDUALLY AND AS INDEPENDENT EXE vs. KPH-CONSOLIDATION INC (D/B/A HCA HOUSTON HEALTHCAR
(Court 295, JUDGE DONNA ROTH)
Originally Published: Jun 16, 2022 | Republished Oct 21, 2022
DEFENDANT KPH-CONSOLIDATION INC D/B/A HCA HOUSTON HEALTHCARE KINGWOOD ORIGINAL ANSWER AND JURY DEMAND
“While the term “corporate negligence” may have a much broader connotation, we construe it here to mean that a hospital’s liability is founded on the independent duty it owes to its patients.
The public policy which justifies placing the expanded responsibility and duty of care on a hospital is based on the present day view that a hospital is a multifaceted health care facility that should be responsible for proper medical treatment on its premises.
This view is justified because the hospital is in a superior position to supervise and monitor physician performance and is, consequently, the only entity that can realistically provide quality control.”
– Insinga v. LaBella, 543 So. 2d 209, 214 (Fla. 1989)