Understaffing: Living with the Reality

Horton v. Niagara Falls Mem. Med. Ctr., 380 N.Y.S.2d 116 (N.Y. 1976).

Id. at 119.

Nelson v. Peterson, 542 P.2d 1075 (Utah 1975).

Of course, under the doctrine of respondeat superior the hospital will generally be held vicariously liable for the negligent acts of its employees, to be distinguished from the hospital being held directly liable for its own negligence.

Darling v. Charleston Community Mem. Hosp., 211 N.E.2d 253 (Ill. 1965), cert. denied, 383 U.S. 946 (1966).

Id.

Nursing Services, Standard III, Accreditation Manual for Hospitals (JCAH, Chicago) (1981).

Id.

Codes Rules and Regulations of the State of New York, Title 10 §405.1024 b.

Darling , supra note 5, at 260.

This should be distinguished from a nursing strike, which is legal if carried out in accordance with the special provisions of the National Labor Relations Act relating to health care institutions. See Annas G.J. Glantz L.H. , and Katz B.F. , The Rights of Doctors, Nurses and Allied Health Professionals (Avon Books, New York) (1981) at 344.

Misericordia Hosp. Med. Ctr. v. NLRB, 623 F.2d 808 (2d Cir. 1980). For further discussion of this case, see Greenlaw J.L. , Employer Retaliation: The Myth and the Reality, Nursing Law & Ethics 2(1): 5, 7 (January 1981).