Liability exposure in a health care liability claim is rarely a cut-and-dried matter. During the course of this paper, the doctrine of respondeat superior will be defined and explained. As with the employer-employee situation, the touchstone issue is control. Further, the agreements under which hospital emergency room physician relationships exist specifically provide that the emergency room physicians are independent contractors. Otherwise, the entity or individual who hired the locum tenens may very well be liable for any improper acts or omissions by that physician. Following successful management and treatment of mastoiditis through operation, there was further indication of operation in the abdomen Tenn Ct App

Traditional Negligence and Res Ipsa. Accounting essays Architecture essays Business essays Coursework Economics essays Education essays Engineering essays English language essays English literature essays. Third, if locum tenens physicians are ever used, make sure that patients are directly informed that the doctor present is a substitute and not an employee of the physician or practice. If you contact us after hours, we’ll get back to you in 24 hours or less. In contrast, a locum tenens physician will be an independent contractor

respondeat superior essay

He is handling all of the phone calls at the office while the receptionist is at lunch. Sorry, but copying text is forbidden on this website! Critical Care Nurse, 23, Respondent Doctrine is a type of vicarious liability, and often depends on the evidence of wrongdoing of the responeat during the course of employment. Sorry, but copying text is not allowed on this site.

Respondeat Superior Research Paper Example | Topics and Well Written Essays – words

The third critical case in this article relates to French v. One of the defenses should be providing adequate care to all patients by monitoring them more often and providing them with respondeay right dosage of medications when needed. Patterson’s Case Tenn Ct App Order A Custom Essay. Shortly esasy the incident the mother was allowed into the home, and she reported no visible evidence that her son was possession of a hammer p. Melnick considered the owner vicariously liable for the actions of the employee.


Responsibility for the acts of others

The defendant of the hospital relied upon the sponge count of the nurse during the execution of the operation. Schuler, as the defendant.

The Maryland Supreme Court in was the first court to utilize respondeat superior in a court case involving a question of employer liability Burns, Provide an overview of the respondeat superior legal doctrine and explain its significance in the health care industry. According to the ruling by the court in this case, a hospital nurse is under the special supervision and control during the operation process and the relation of master and servants exists during the course esasy the operation.

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respondeat superior essay

There are three final take-home messages. Further, the physician or practice that has retained them has control over the details of their work in terms of when they will be present to see and treat patients, how they will conduct themselves, and the specifics of how they will see and treat office patients.

While office hours may esasy, such physicians exercise their own professional judgment in treating patients and are not subject to the same routine management as standing employees. Click to learn more https: Sorry, but copying text is not allowed on this site.

Proc Bayl Univ Med Cent. Thus, it is very important that a locum tenens physician be specifically identified as a nonemployee independent contractor when seeing patients. Following the successful operation, the defendant had to be left under the care of the experienced and graduate nurse in the form superrior Miss Nipper.


We’ll occasionally send you account related and promo emails. How about make it original? The employer is liable for responedat injuries caused by their employee essaj their patients. This article discusses the basic theories and circumstances under which a health care entity or professional may be responsible for the acts of those employed by that entity or individual. In order to understand the concept of Respondeat Superior and its influences in relation to malpractice actions against health care agencies and providers in the case of Tennessee, the authors of this article sought to focus on the past and current court decisions in the state.

Respondeat superior Essay Essay Topic: In the same year, Rebecca was admitted to the hospital for the problems. Retrieved May 22,from https: This is an independent individual who is hired solely to provide physician services as a substitute physician for a limited period of time. Generally referred to as ostensible agency, this theory is also referred to as agency by estoppel, apparent agency, and apparent authority 9.

The next day, the child had to the report to the hospital for the similar problems, but was seen by Dr.