The essence of this paper is to explain the medical concept, vicarious liability; its definition and case, particularly one based on medical negligence in a hospital or health care organization. Vicarious liability extends its arm to Hospitals and health care organizations where…
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In legal terms, this act is referred to as vicarious liability. It allows for holding an employer responsible for the persons working under their instructions irrespective of whether they are employees or independent contractors, whether they committed the crime intentionally, unintentionally, neglectfully or with criminal oriented intentions. In common knowledge, the boss or an employer, who in other words is the employing authority, should take liability. This is because ideally, the employer has the fattest bank accounts compared to their employees, has the ability to access insurance indemnity and by virtue of the authority bestowed upon it, it can encourage its personnel to use the medical etiquette and ethics professionally. Just as a parent is liable for his/her child’s mistake, the medical care organization should take vicarious liability (Devine, 2009)
Lawmedconsultant.com observes that Ellis Memorial hospital, located in Tarpon Springs, Florida was served with two medical lawsuits of professional negligence. Shirley Reth brought two-consolidated lawsuits on behalf of the estate of Reth.
The suits concerned Sean Reth who had undergone an unsuccessful aesthetical surgery at the hospital in March 2006 but died three days later due to Anesthesia Medical personnel’s malpractices, as Reth argued in the summons. This led to insufficient supply of oxygenated blood to the patients’ brain, medically referred as cerebral ischemia, along with intra-operative cardiac arrest, in other words, heart attack.
In this case, Anesthetic associates of North Pinellas PA, PA, Teresa catsos CRNA, Hugh Siegel, CRNA together with Glen Syperda, D.O. an Anesthesiologist and the hospital were the defendants. Even if the defendants were not directly employed by the hospital, it was the hospital’s responsibility to take the initiative and bear the brunt of the personnel that was working under its instructions. According to Reth the barrister, Mr. Reth’s death
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(Vicarious Liability -Legal Aspects in Health Care Essay - 1)
“Vicarious Liability -Legal Aspects in Health Care Essay - 1”, n.d. https://studentshare.org/miscellaneous/1569100-vicarious-liability-legal-aspects-in-health-care.
The case is charged in the court in order to establish the liable party and assess the damages the wrongdoer is supposed to pay to the wronged party. According to common-law doctrine, employers are held responsible for the mistakes or carelessness of their workers (Engel & Mccann 2009, P.234).
For example, an employer may be held liable for a tort committed by his/her employee (Anselmi, 2012). On the contrary, corporate liability involves a legal responsibility of a company due to criminal acts executed by its employers. Corporate liability focuses to determine the extent in which a company may be held liable for the criminal acts committed by a natural person employed by that company (Bright, 2008).
On the other hand, medical experts comment that aiding in the patient's death goes against a physician's duty to preserve life (University of Washington School of Medicine). However, it is said that the four factors judge the decision of euthanasia or physician assisted suicide: level of patient suffering, the extent to which the patient requested death, the age of the patient, and the degree of curability of the illness.
Most important is the care the agents and the contractors take as they carry out their duties. This paper distinguishes between corporate criminal liability and vicarious liability resulting from negligence of a health
ss of getting permission from the patient for a particular treatment after providing enough information about the pros and cons of that treatment to the patient. The core of informed consent is based on ethical and moral grounds. In other words, it is the patient’s right
Firstly the improper care taken during shifting of beds resulting in pulling out of the IV. Secondly, the unresponsiveness of the patient’s cardiologist to repeated attempts of contact made by the nurse, informing the unavailability of other physicians
The plaintiff may substantiate/prove the aspects of vicarious liability in three ways namely: if employee was acting within the scope of his/her employment, the employer was in full capacity to control the acts of its employees. Lastly, there was an