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Respondeat Superior DoctrineRespondeat Superior Doctrine: Cases to AnalyzeStudent: Instructor: Lashandra SpanHealth Care Ethics and Law MHA 622July 11, 20161
Respondeat Superior DoctrineRespondeat SuperiorThe Respondeat Superior doctrine states that employers have a legal responsibility regarding their employees’ actions. This doctrine “makes an employer liable when the actions of the employee take place within the scope of employment” (Thornton, 2010). However, it is important to determine the situations in which the employee is responsible for his actions. In healthcare cases of neglect and malpractice are common. In order to solve these cases, it is important to determine if the employee is acting under the scope of his job duty. Most malpractice and neglect cases are solved by applying this rule. In this paper, I will analyze two cases of medical malpractice or neglect. Both cases occurred in 2
Respondeat Superior DoctrineTennessee and are been solved by applying this doctrine. Even though the Respondeat Superior has been applied for centuries, it is imperative to have knowledge, values, and ethics, in order to get to the best decision. The term Respondeat Superior comes from the Latin and it is translated as “let the master answer” (legal Dictionary, 2015). This doctrine dates back in the 17thcentury in England, where accordingto the law, the employer was responsible for his employees’ acts. Colonists brought this doctrine to the United States and nowadays it is still in practice. However, to determine if the employer is responsible for the employee’s actions it is necessary to analyze the situation and determine if the employee’s actions were within the scope of his job duties. Factors to analyze include: was the action carried out while the employee was on the clock? Was the action carry out as part of the employee’s job duties or the agent’s responsibility? Was the employee motivated to commit the act for the purpose of benefiting