• 1994 - Duty of Hospital
  • C-14.40
    • Medical Negligence
    • Tort Liability
    • Tort Liability

  • In providing professional services, a hospital has a duty to exercise that degree of skill and care which is ordinarily possessed and exercised by a reasonably competent hospital in the same or similar circumstances. This includes a duty to furnish a patient the care, attention, and protection reasonably required by the patient's mental and physical condition.

     

    [A hospital generally has no duty to obtain informed consent from the patient for the treatment or therapy ordered by an attending physician.]

     

    [A hospital has a duty to exercise reasonable care in selecting competent staff for its facilities.]

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    • Benedict v. St. Luke's Hosp., 365 NW2d 499 (ND 1985)
    • Kershaw v. Reichert, 445 NW2d 16 (ND 1989)
    • Miller v. Trinity Medical Center, 260 NW2d 4 (ND 1977)
    • Rickbeil v. Grafton Deaconess Hosp., 23 NW2d 247 (ND 1946)
    • Soentgen v. Quain & Ramstad Clinic, 467 NW2d 73 (N
  • Notes: Hospital staff may or may not be hospital employees. See Benedict, 365 NW2d at 504 (discussing ostensible agency authority).