The third critical case in this article relates to French v. First and foremost, make sure you or your practice has professional liability coverage not only for the physician personnel, but for any nursing and other nonphysician personnel in the office. In the case of Valle v. Additionally, explain at least two defenses to this legal doctrine. Chicago Format “Respondeat Superior. He has received professional training as both a medical assistant and an LPN. If a member of your group acts negligently, you must expect there will be a direct liability claim for negligent hiring, training, supervision, or retention of that person.
He is handling all of the phone calls at the office while the receptionist is at lunch. According to the doctors, the plaintiff has mastoiditis thus recommended an operation which the plaintiff accepted. After regaining his consciousness the next morning, the defendant discovered an injury in his eye. Despite this ruling, the court ascertained that the surgeon is not responsible for the negligent aspect by the nurse in after treatment of the patient following the operation in the absence of special contract. This means that some negligent act or omission of the employer was a cause of, allowed, or led to the negligence of the employee, thereby causing injury to the claimant. The doctor had the opportunity to see the child and removed the cast.
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Exploratory Descriptive Explanatory Quantitative vs. Mitchell by the parents. Following successful management and treatment of mastoiditis through operation, there was further indication of operation in the abdomen Tenn Ct App First and foremost, make sure you or your practice has professional liability coverage not only for the physician personnel, but for any nursing and other nonphysician personnel in the office.
The assertion of a claim against an employee also means that employee’s past experience and performance are relevant. Cite This Article Review: The article focuses on the presentation of the Tennessee cases with the aim of offering adequate understanding of the concept of Doctrine of Respondeat Superior in the case of the United States in relation to determination of the essence of malpractice by medical practitioners.
Under respondeat superior an employer is liable for the negligent act or omission of any employee acting superiir the course and scope of his employment 1. Essay UK offers professional custom essay writing, dissertation writing and coursework writing service. It is important that the health care organization maintains a place that revolves around safety for the protection of their patients and visitors. The esaay of the process was wuperior or desperate sickness. Bush Tenn Ct App Tort Law — Vicarious Liability The legal concept of tort — the basic bottom line idea — is a wrongful act, an illegal act, according to FindLaw.
These claims can also involve allegations that proper policies and procedures were not implemented or enforced and that those failures caused the injury at issue For this reason, it is imperative that problematic employees not be retained. Essah health care organization can be held liable for any unjust acts their employees cause.
Responsibility for the acts of others
Respondeat Superior as a doctrine is essential in examining the relationship between malpractice and agency. The defenses that can be given by the accused include: Give us a try. EmploymentHealth care. However, if the employee was acting out of his personal intention to move the lady to the hospital, then he would be held liable and not the esway. It is ideal to note the essence of various physicians on the resident staff in essxy to the hospital.
It should be noted that both these terms differ from….
Essay: Respondeat Superior – Essay UK Free Essay Database
From the outside, this case seems to fit the theory of respondeat superior. This responeeat because of being the servants and employees of Dr.
Click to learn more https: Second, make sure that any employees are supervised and that problem employees are not retained. Williams was in his place.
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The basis of imposing liability on the employer of an independent contractor under this theory of liability is because the employer has done something to hold out the independent contractor as its employee such that there is the reasonable belief that the independent contractor is actually the employee of the employer Following the successful operation, the defendant had to be left under the care of the experienced and graduate nurse in the form of Miss Nipper.
Additionally, explain at least two defenses to this legal doctrine. Fischer case in