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Canadian Family Physician logoLink to Canadian Family Physician
. 1983 Aug;29:1481–1483.

The Legal Relationship of Doctor and Hospital

John R Carlisle
PMCID: PMC2153621  PMID: 21283286

Abstract

While doctors working in hospitals have usually been regarded as independent contractors, liable to the patient and for whom the hospital may not be held liable by the patient, some recent cases are beginning to change this assumption, especially where the case is an emergency giving the patient no choice of doctor but the one on duty at the time. These changes have particular implications for the insurance situation, since hospitals are entitled to sue someone on whose behalf they have been found vicariously negligent. As a condition of hospital privileges, they may require evidence of the doctor's insurance protection against legal action.

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