Health/legal

RUNNING HEAD : MC CONNELL V WILLIAMS McConnell v Williams original of the transfer DoctrineAre You The tribal chief In Today s changing healthcare EnvironmentHSADDr . Paul Glover IntroductionThe chief of the Ship ism emerged from the benignant resistance ism that was employed during the 1940s . Many hospitals during that age were large-hearted institutions that were dependent on donations Charitable Immunity comfort hospitals from lawsuits until the new-fashioned 1950s . The Captain of the Ship doctrine came as a result of Charitable Immunity so the motor lodges could hold surgeons de jure liable for others disuse that occurred in the operating room . The example of the Captain has rule outd in recent years , as many another(prenominal) take up that it is obsolete However , it is still used , and like a sh ot may be applied not lonesome(prenominal) to surgeons in the operating room but also to psychiatrists , hospital boards and others . The multidisciplinary admittance to medicine in the modern era as substantially as the trend of nonprofit healthcare institutions turn bankable businesses have created a need for some to reanimate the doctrine at eons by redefining itEvolution of Captain of the Ship DoctrineThe Captain of the Ship doctrine was originally introduced into law done the racing shell of McConnell v Williams , 361 Pa . 355 (1949 . In this field of study , an detain who had aid an accoucheur at a pilot ladder hospital was express to have applied too more than silver treat to a deflower s eyes and failed to irrigate the eye . The baby subsequently went blind in the even out eye . Charitable Immunity , used widely during that time , allowed hospitals to be protected from legal damages , and the parents of such a newborn who was blind were unable to dis mount money from the intern because he was c! onsidered a hospital employee .

Even so , the court - in McConnell v Williams - allowed for a finding of negligence against the obstetrician , despite the item that he had had no direct habit in the absent-minded act . The court ruled using a comparison from maritime law , in which a lord of a ship can be held accountable for actions of the crowd members of his shipAfter the McConnell V Williams case the Captain of the Ship doctrine grew in popularity through the 1950s . It was consistently applied to surgeons in cases of negligence . The doctrine s use started to decline during the 1960 s and 1970 s . Nevertheless , as mentioned antecedently the model continues to exist although its use has evolved due to the changing social system of aesculapian care in more than half a cytosine since the doctrine was first applied in courtThe decline in usage over the years was caused primarily by a combination of two changes . First of all , in that respect had been a shift in the chain of command . The coordinate of the legal transfer of healthcare that held doctors responsible for negligence shifted out from always property the doctor liable . It had been replaced by a new logical system that asks : Who is responsible , and how do we assign liability for medical...If you want to get a full essay, consecrate it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay