Problem 1. What are the benefits of public reporting? Describe the drawbacks of increased public reporting of healthcare performance data, both in terms of litigation risk to the healthcare organization ad well as risk to patients in accessing and relying upon the reported data.
Problem 2. Assume a hospital receives national recognition based on significant part on the quality of independent contractor physicians who practice at that hospital, and incorporates that national recognition into its marketing activities (billboards, redio,/TV ads, etc.). In your view, are there interests of justice better served by holding that hospital legally responsible for any negligence by those independent contractor physicians, or by permitting the hospital to avoid legal responsibility for those independent contractor physicians by including appropriate language in its admission documents? In your view, does your answer change depending on what kind of physicians are involved, or whether the patient chooses them or has them assigned by the hospital?