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When hospitals don't listen to nurses' complaints.

Liability for hospital negligence can come about in two ways. Most commonly, a hospital is held liable for the negligent acts of its nursing staff by the doctrine of respondeat superior. But the hospital, as a corporation or business entity, can also be liable when it fails in its obligation to the patient. A pattern of chronic inadequate staffing that is permitted by the administration, for example, exposes the corporation to an allegation of negligence. A system that permits unsafe nursing procedures also may fall prey to the doctrine of corporate negligence. In Fincke v. Peeples, the plaintiffs case was strengthened immensely when the court accepted as evidence testimony of several nurses who claimed that the defendant anesthesiologist's usual practice was to extubate surgical patients prematurely.1 In this case, a 17-year-old boy had a repair of a torn medial meniscus. After an uneventful two-hour operation, the orthopaedic surgeon and the anesthesiologist accompanied the boy to the postanesthesia room (PAR). According to the surgeon's testimony, immediately upon arrival in the PAR, the anesthesiologist placed his hand over the endotracheal tube to determine the depth of the young man's respiration and was about to extubate him when