The legal construct of vicarious liability and the Doctrine of Respondeat Superior occurs when the employee commits a civil wrong or civil wrong within the range of employment and the employer is held apt although the maestro may hold done nil incorrect ( Regan 2002 ) . Physicians and other health care suppliers need to be cognizant of this philosophy in the supervising of their staff and their daily medical pattern.
The legal relationship between an employer and an employee is called bureau. The employer is called the principal when prosecuting person to move for him. The individual who does the work for the employer is called the agent. The theory behind respondeat superior is that the principal controls the agent’s behaviour and must so presume some duty for the agent’s actions ( Phelps & A ; Lehman 2005 ) .
Most medical malpractice suits are filed as consequence of carelessness ( ie. a type of civil wrong or civil wrong ) – Negligence is defined by what a moderately prudent individual would or would non make in the same or similar circumstance. Negligence can ensue from the single medical supplier or from some type of bureau relationship that exists between two or more wellness attention suppliers. In general. when we discuss the relationship between bureau and malpractice. we refer to the construct of vicarious liability and the Doctrine of Respondeat Superior ( Columbia 2000 ) .
In the context of medical malpractice a carelessness action is frequently precipitated by a bad result. Numerous instances have involved the construct of vicarious liability and the Doctrine of Respondeat Superior as a successful cause of a medically negligent action. Recent alterations in the wellness attention system may lend to extra causes of action being recognized.
As managed attention has moved to the head of wellness attention. many medical suppliers have left independent pattern and go employees of big wellness attention organisations ( HMOs ) or infirmaries. Some medical suppliers have formed their ain concern with wellness attention extenders who perform many of the services antecedently provided by the medical supplier. As a consequence. HMOs and infirmaries have become employers of medical suppliers. and medical suppliers have become employers of their wellness attention extenders ( Regan 2002 ) .
In the yesteryear. the relationship with the patient and extended certification in the medical record were the most of import elements in forestalling malpractice judicial proceeding. These attempts. while of import. may hold less of an consequence in the germinating wellness attention clime. With these alterations. rules of bureau and vicarious liability may go progressively of import in measuring malpractice liability. Both the carelessness of a wellness attention employee employed by an single medical supplier and the carelessness of an single medical supplier employed by a wellness attention company hold given rise to successful malpractice suits. The Doctrine of Respondeat Superior is one to weigh carefully by both complainants and suspects in their current pattern of jurisprudence and medical specialty.
Malpractice. The Columbia Electronic Encyclopedia. 2000. hypertext transfer protocol: //kids. infoplease. lycos. com/ipd/A0401963. hypertext markup language
Raines 5 Mercer. 55 5W2d 263. 264 ( Tenn 1932 )
Regan. J. . & A ; Regan. W. ( 2002. May ) . Medical malpractice and respondeat superior. ( Review Articles ) . Southern Medical Journal. 95 ( 5 ) . 545-549. Retrieved January 23. 2013. from Nursing and Allied Health Collection via Gale: hypertext transfer protocol: //find. galegroup. com. placeholder. Davenport. edu/nrcx/start. make? prodId=NRC
Respondeat Superior. ( 2005 ) . In S. Phelps & A ; J. Lehman ( Eds. ) . West’s Encyclopedia of American Law ( 2nd erectile dysfunction. . Vol. 8. pp. 334-336 ) . Detroit: Gale. Retrieved from hypertext transfer protocol: //go. galegroup. com. placeholder. Davenport. edu/ps/i. make? id=GALE % 7CCX3437703788 & A ; v=2. 1 & A ; u=lom_davenportc & A ; it=r & A ; p=GVRL & A ; sw=w