NJ Courts' New Trend: Hospitals Subject To Liability

Law360, New York (January 30, 2013, 12:56 PM EST) -- The Superior Court of New Jersey, Appellate Division's ruling in Monk v. O’Connell and Emergency Physician Assocs. (App. Div. Oct. 11, 2012) follows a recent trend in New Jersey courts finding hospitals subject to potential liability for the professional negligence of their “independent contractor” physicians.

The court in Monk held that staffing agencies who contract with physicians and hospitals to provide physicians to emergency rooms and other treatment facilities can be vicariously liable for medical malpractice if there is a high enough level of control over...
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