1. 192. Herrara v. Lovelace Health Systems, Inc., 35 F. Supp. 2d 1327 (D.C.N.M. 1999); Hoose v. Jefferson Home Health Care, Inc., 1998 WL 114492 (E.D. Pa 1998) (with claims of vicarious liability and negligence in post-operative care, selection of therapists, and overall supervision of care, the court noted that “this case is nothing more than a medical malpractice case” and refused to uphold ERISA preemption).
2. 155. Strubhart v. Perry Memorial Hospital Trust, 903 P.2d 263 (Okla. 1995) (noting that twenty-two states have adopted some form of the corporate negligence doctrine); Albain v. Flower Hospital, 553 N.E.2d 1038 (Ohio 1990).
3. 71. See, e.g., Miles v. Tabor, 443 N.E.2d 1302 (Mass. 1982) (obstetrician's failure to initiate resuscitation of infant immediately after delivery violated American College of Obstetricians and Gynecologists guidelines); Green v. Goldberg, 630 So. 2d 606 (Fla. Dist. Ct. App. 1993) (American College of Obstetricians and Gynecologists bulletin on breast cancer treatment used to support expert testimony); Basten v. U.S., 848 F. Supp. 962 (M.D. Ala. 1994) (involving American College of Obstetricians and Gynecologists guidelines requiring that alpha-fetoprotein screening be offered and that acceptance or rejection be documented). See generally Hyams, et al., supra note 69, at 296–99.
4. 147. The case most identified with corporate negligence is Darling v. Charleston Community Memorial Hospital, 211 N.E.2d 253 (Ill. 1965). The Illinois Supreme Court relied upon several sources of standards to establish the standard of care for the hospital, including standards by the Joint Commission on Accreditation of Heathcare Organizations for hospital accreditation, the state licensing regulations, and the defendant's bylaws. All of these sources mandated that a hospital assume certain responsibilities for the care of the patient. The court allowed the jury to use these standards to evaluate the failure of both the nursing staff and administrators to blow the whistle on the defendant's handling of the case.
5. 133. Sisters of Charity of the Incarnate Word v. Gobert, 992 S.W.2d 25 (Tex. App. 1997) (negligent failure of hospital to monitor patients' room, allowing a sexual assault to occur); Lamb v. Candler General Hospital, Inc., 413 S.E.2d 720 (Ga. 1992) (hospital negligent in failing to use proper replacement parts in a medical instrument).