10 Mich. St. U. J. Med. & L. 57 (2006)
Risk Management in the Wake of Hurricanes and Other Disasters: Hospital Civil Liability Arising from the Use of Volunteer Health Professional during Emergencies; Hodge, James G. Jr.; Calves, Stephanie H.; Gable, Lance A.; Meltzer, Elizabeth

handle is hein.journals/jmdl10 and id is 75 raw text is: RISK MANAGEMENT IN THE WAKE OF HURRICANES AND
OTHER DISASTERS: HOSPITAL CIVIL LIABILITY ARISING
FROM THE USE OF VOLUNTEER HEALTH PROFESSIONALS
DURING EMERGENCIES
James G. Hodge, Jr.,* Stephanie H. C6ilves,' Lance A. Gable,***
Elizabeth Meltzer,**** & Sara Kraner*****
TABLE OF CONTENTS
INTRODUCTION    ...............................................         58
I.   THE INTERPLAY BETWEEN HOSPITALS AND VOLUNTEER
HEALTH PROFESSIONALS DURING EMERGENCIES         ..............     62
A.   Hospitals' Need for VHPs in Emergencies .................     63
B.   Procedures for the Use of VHPs .........................      64
II.  THEMES OF CIVIL LIABILITY FACING HOSPITALS ...............         68
A.   Corporate Negligence  .................................       70
B.   Vicarious Liability  .....................................    74
C.   Liability Protections for Hospitals as Compared to VHPs .....  76
III. PROACTIVE STRATEGIES FOR HOSPITALS TO MANAGE
LIABILITY  RISKS  ..........................................       81
A.   Planning and Training to Meet Surge Capacity ..............   82
B.   Implementing Additional Credentialing Procedures ..........   83
C.   Divesting Responsibility for VHPs .......................     84
IV.  CONCLUSION    ............................................         86
* James G. Hodge, Jr., is the Associate Professor aid Executive Director of the Center fr
Law and the Public k Health at the Johns Hopkins Bloomberg School of Public Health. He earned
his Juris Doctor from the Salmon P. Chase College of Law and his Master of the Laws from the
Georgetown University Law Center. Professor Hodge would like to thank Dru Bhatracharya,
former Editor-in-Chief of the Michigan State University Journal of Medicine and Law and a
researcher at the Center for Law and the Public's Health, for his extensive review and commentary
of the edited manuscript.
** Stephanie H. Cdlves is Project Director at the Massachusetts Consortium for Children
with Special Health Care Needs, New England SERVE. She received her Juris Doctor from
Villanova University School of Law and her Masters in Public Health from Johns Hopkins
Bloomberg School of Public Health.
*** Lance A. Gable is a Senior Fellow at the Center fir Law and the Public's Health at
Georgetown University Law Center. He received hisJuris Doctor from the Georgetown University
Law Center and his Masters in Public Health from Johns Hopkins Bloomberg School of Public
Health.
**** Elizabeth Meltzer is a Researcher at the Center for Law and the Public's Health at Johns
Hopkins Bloomberg School of Public Health. She expects to receive her Juris Doctor and Masters
in Public Health from the Georgetown University Law Center and Johns Hopkins Bloomberg
School of Public Health in 2006.
***** Sara Kraner is a Researcher at the Centerfir Law and the Public's Health at Johns Hopkins
Bloomberg School of Public Health. She expects to earn her Juris Doctor and Masters in Public
Health from the Georgetown University Law Center and Johns Hopkins Bloomberg School of
Public Health in 2006.

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