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Vicarious liability in bits of law
Negligence case studies in particular vicarious liability
Negligence case studies in particular vicarious liability
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Vicarious Liability
This article thoroughly covers topics related to corporate liability and vicarious liability, in particular. This article refers to the legal details concerned with vicarious liability and especially those concerning today’s medical professionals and nursing staff (Ghillyer, 2014). Vicarious liability is the act of holding a governing party responsible for the actions of organizational employees and acting associates Ghillyer, 2014). This type of liability is highly litigated in recent times and is decidedly prominent in the medical field.
This article is explanatory in the areas of liability. This type of issue is exceedingly noticeable in the medical field due to supervisory personnel and the hospital establishment
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It would seem if an individual is at fault, the organizations’ responsibility would not be an issue. Consequently, one would think that both the individual and the organization could not be liable for the same instance. Patient care is intricately involved with judgment calls and personal decisions. This fact makes this area a target for malpractice and vicarious liability lawsuits.
At some point, there must be a line drawn as to what can be held against an organization. The article states that most health care workers are urged to carry individual malpractice insurance. This insurance is in place to cover individual liability. In addition to individual liability, hospitals and attending physicians can be liable for the same cases. This double liability seems unfair. It would seem that the plaintiff should choose between individual or organizational liability. Patient care is of the utmost concern, but accidents and misjudgments are an unpleasant fact. Hospitals must now pay extra close attention to policy guidelines and wording (Anselmi, 2012). Any responsibility, either implied or stated, can expose the hospital to increased vicarious liability in issues of patient
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
The hospital under vicarious liability is based on Respondeat Superior (let the master answer) for the negligence actions of its contractors/employees. This is the responsibility of physicians for negligent actions of hospital employees ranging from nurses to x-ray techs. Through Corporate Liability the hospital itself is liable for the negligent actions of its workers.
“One of those obligations is that it must exercise a proper degree of care for its patients, and, to the extent that it fails in that care, it should be liable in damages as any other commercial firm would be
Medical malpractice has been a controversial issue in the healthcare setting for centuries. Apparently, there are laws to protect patients’ from medical mistakes and errors that are the result of negligence. After researching various laws and medical liability cases based on allegations of negligence, this paper will discuss and provide details on the medical malpractice case of Dorrence Kenneth versus Charleston Community Memorial Hospital. The case analysis will briefly explain information from the beginning to end, including: laws that were violated, codes in the healthcare industry that were breached by the physician and Charlesto...
Medical malpractice has become a controversial social issue. From a doctor’s standpoint, decisions and preventative actions can alter the medical malpractice lawsuits filed against them. In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014).
The act of medical responsibility originated in Rome and England dating back to the time of 2030 BC. The act states that a learned professional should always care with responsibility and care toward their profession. Around the year of 1200 AD, Roman law considered medical malpractice to be wrong and expanded their views about it all throughout Europe. It was said by the Code of Hammibal that if a person commits malpractice knowingly or unknowingly they would lose their job, hand, and an eye. Malpractice had also occurred throughout the U.S around the 19th century, due to the negligence of the state’s governments. Medical malpractice litigation has since been sustained for a century and a half by an interacting combination of 6 principal factors.” “Three of these factors are medical: the innovative pressures on American medicine, the spread of uniform standards, and the advent of medical malpractice liability insurance.” “Three are legal factors: contingent fees, citizen juries, and the nature of tort pleading in the United State.” (Mohr). The U.S is very familiar with malpractice b...
The concept of risk management is relatively new, as hospitals look to prevent hospital-acquired infections (HAIs), falls, injuries, and other forms of preventable harm, rather than reacting once harm has already taken place. Before this concept became a best practice, most health organizations relied on malpractice and liability insurance to protect against losses and mitigate the effects of accidents and poor patient outcomes (Colorado State University-Global Campus, 2014). Today, risk management is an integral facet of a healthcare facility’s business practice in preventing risks, ensuring regulatory compliance, minimizing financial damage, and preserving its reputation in the community. Although most large
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
At a first glance, the importance of signing up for a professional liability insurance may seem to be one of the most basic procedures that most medical professionals in all levels must commit to, in order for them to practice medicine within a health care facility...
However, we are looking at a case study where patients safety has been compromised, professionalism has been voided, lack of communication, nurses aren’t liable for their work, the duty of care has been breached and lot more issues can be discovered. Which will be incorporated in this paper. Looking at the patient Christopher Hammett
Environmental safety of the patient was threatened. As a result of the fall due to bad decision, the patient would be staying long in the hospital and rehab, with moderate to total patient care. The institution is going to be sued because the patient fell on their property and that is a lot of cost to the company. "Falls and fall-related injuries in the acute care settings add to health and economic burden on patients and organizations” (Nassar, Helou, & Madi, 2014). Mike could be sued as well depending on the situation. The reputation of the institution is ruined, lawsuits bring unwanted negative publicity and damage the reputation of the company which is bad for any business because of its blow to the revenue. State might be involved for investigation and that puts more pressure on the intuition, if find liable, the organization can the tagged or Mikes license tagged. The workload of other hospital department would increase especially the house keeper because of frequent in services on how to reduce risk of patients fall, frequent rounding and
When professionals in the health sector are compliant to the standards and ethics of practice, then accidents in the sector and any activities that undermine patient safety are bound to be addressed. In particular, whistleblowers in the sector should also be protected to improve service delivery in the health sector.
Vicariouis Liability and Article 21 I take this opportunity to express my gratitude and personal regards to Mrs. Stelina jolly for inspiring and guiding me during the course of this project work. I also owe my sincere thanks to the library staff, National Law University for the cooperation and facility extended from time to time during the progress of my project work. And last but not the least I must give my humblest gratitude to my parents and my friends for their support and encouragement. [GOPAL BOSE] OBJECTIVES AND METHODOLOGY OBJECTIVES: 1: TO FIND OUT AND STUDY THE RELATIONSHIP BETWEEN THE VICARIOUS LIABILITY AND ARTICLE 21 2: TO DRAW UP THE BASIC TRENDS BY ANALYSING VARIOUS CASES METHODOLOGY THE BASIC METHODOLOGY ADOPTED TO PREPARE THIS RESEARCH IS DEDUCTIVE THAT IS TO STUDY VARIOUS CASES, TO ANALYSE THE LAWS IN THE SAME TOPIC
Chapter 19. p413. John G.Fleming [4] P419. Textbook on Torts 8th edition. Michael A.Jones [5] Vicarious Liability for Employers. Andrew Scott-Howman.