Week 2 Assignment - Respondeat Superior Doctrine Respondeat...

Respondeat Superior Doctrine
Respondeat Superior Doctrine: Cases to Analyze
Student:
Instructor: Lashandra Span
Health Care Ethics and Law MHA 622
July 11, 2016
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Respondeat Superior Doctrine
Respondeat Superior
The 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
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Respondeat Superior Doctrine
Tennessee 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 17 th century in England, where according
to 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