WK 2 MHA 622.doc - 1 Respondeat Superior Andrea Schuller...

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1 Respondeat Superior Andrea Schuller MHA 622 February 25, 2019 Professor Park Atatah
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2 Respondeat Superior Health care organizations are bound by ethical and moral laws, policies, procedures, and standard governance. One such doctrine is the Respondeat Superior. This doctrine was created to protect the legal rights of patients, along with giving them their deserved respect and care while they recover in a healthcare facility. As we look further into this doctrine, we would be able to assess, analyze and implement the information produced from the assessment. Honoring the legalities of the doctrine will enable organizations to be ethically and morally responsible and accountable in providing quality care for patients. Utilizing examples of case studies will enable us to enact real-life scenarios of how the doctrine was applied and used throughout the case studies, and outcomes. Introduction Respondeat Superior is a legal doctrine that is used in cases of tort, which holds the employer or primary entity legally responsible for the wrongful acts of an employee, facility or an agent if such acts occur with the scope of the facility, agency or employer. Usually, when a Respondeat Superior is adduced, the plaintiff initiates a cause to hold both the employer and the employee liable. Therefore a court will likely look to the doctrine of joint and several liabilities when assigning legal damages. As stated in Pozar, G. (2012), “respondeat superior (‘let the master respond’), is a master- servant relationship that must exist between the employer and the employee, and the wrongful act of the employee must occur within the scope of his or her employment.”
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3 However, in litigation processes where the respondeat superior is invoked, often times there is a query of whether liability rests on the person providing care as an independent agent of employees of an organization.
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