§47.11 Corporate Liability Doctrine

Author's Note : The leading case on the corporate liability doctrine in Tennessee is Barkes v. River Park Hosp., Inc., 2008 WL 5423981 (Tenn. Ct. App. Dec. 29, 2008). Plaintiff argued that the defendant hospital owed its patients those duties as set forth in Thompson v. Nason Hosp., 527 Pa. 330, 591 A.2d 703, 707 (Penn. 1991), namely (1) a duty to use reasonable care in the maintenance of safe and adequate facilities and equipment; (2) a duty to select and retain only competent physicians; (3) a duty to oversee all persons who practice medicine within its walls as to patient care; and (4) a duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for the patients. The Tennessee Court of Appeals refused to recognize this theory of liability. The Tennessee Supreme Court has accepted review of this case and an opinion is expected in the Spring of 2010 and was not available when this book went to press. Thus, readers who are looking for the most recent law on this question are encouraged read the Supreme Court's opinion on this subject. The Supreme Court's opinion will be included in the supplement to this book.

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