Making Hospitals Accountable: Hospital-Level Liability Could Revive The Dormant Deterrent Power Of Tort Liability.
The major purpose of this article is to make physicians feel relaxed in their place of work without the fear of tort liability, and by making hospitals accountable for malpractices in the hospital. Also, since hospitals today have different departments, there should be a committee of medical experts that would identify areas where malpractices often occur, curtail and try to improve it (Peters, 2009). He also suggests that “hospitals should recommend second opinion” (Peters, 2009).
Hospital liability encourages stern measures to be taken when selecting staff. For example, when recruiting for different department in the hospital especially departments where it’s been known to have the higher cases of malpractice, careful attention would be paid in the selection and also in the contract of employment, it would be stated that the employee’s future medical cases would be reviewed from time to time in order to avoid future medical malpractices. “Exclusive hospital liability would also free physicians from the fetters of an existing system of insurance and privileges renewal in which the mere filling of a claim, even if later found to be frivolous, creates a paper record that follows the physician for the rest of her professional life” (Peters, 2009).
However, such liability would definitely have implications. Hospital liability is that it usually leaves room for negligence on the part of the physician, since the hospital liability would not hold him accountable for any malpractice. According to Philip, “Exclusive enterprise liability will insulate negligent physicians from personal legal responsibility to the patients whom they have harmed” (Peters, 2009).

Peters, P. G. Jr. (Summer 2009). Making hospitals accountable. Regulation. Retrieved February 4, 2014, from Health and Medicine:
http://www.cato.org/sites/cato.org/files/serials/files/regulation/2009/6/v32n2-5.pdf