Week 2 Respondeat Superior.docx - Running Header WEEK 2...

Running Header: WEEK 2 ASSIGNMENT RESPONDEAT SUPERIOR 1
Week 2 Assignment Respondeat Superior
Kasey Coleman
MHA 622: Health Care Ethics & Law
Dr. Park Atatah
August 12, 2019

Running Header: WEEK 2 ASSIGNMENT RESPONDEAT SUPERIOR 2
As stated within the text, “Respondeat superior (“let the master respond”) is a legal
doctrine holding employers liable, in certain cases, for the wrongful acts of their agents
(employees), this doctrine has also been referred to as vicarious liability, whereby an employer is
answerable for the torts committed by employees” (Pozgar, Chp. 9, sec. 9.5, 2012). Under the
respondeat superior the employer would be considered legally responsible for employees when
such acts have been performed under the extent of his or her employment. In order for a
Respondeat Superior to be able to be applied to the case in question, a master-servant
relationship should be in place along with supporting evidence. (USLegal, 2019).
When a Respondeat Superior has been invoked, plaintiffs will hold the employee and
employers both liable. The doctrine holds the employers responsible, despite the fact that if the
employer had been monitoring the employees or not. An example of this would be if an
employee is driving the company catering delivery vehicle, while driving the employee runs a
red light which has caused an accident that caused injuries to the other party. The company is
now responsible for the injured parties’ injuries, this is due to the fact that the employee was
driving the company vehicle during the accident. Throughout this paper I’ll review as well as
analyze the Respondeat superior while also determining whether the doctrine was effectively
applied within each case scenario.
In scenario one, the case, Tisdale vs. Toledo Hospital, there was a case filed in the Court
of Appeals in the Ohio Sixth appellate district of Lucas County. Patient Gary Tidsdale had an
abdominal surgery at Toledo Hospital, there were two physicians that were performing the
surgery on Mr. Tisdale, per the orders of the physicians there was to be external pressure leg