wk2assgnmnt.docx - 1 Running head RESPONDEAT SUPERIOR Respondeat Superior and Cases Brittany L McBee MHA 622 Health Care Ethics and Law Dr Tanya Scherr

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1 Running head: RESPONDEAT SUPERIOR Respondeat Superior and Cases Brittany L. McBee MHA 622- Health Care Ethics and Law Dr. Tanya Scherr October 28, 2018
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2 RESPONDEAT SUPERIOR Respondeat Superior and Cases Running a medical facility, whether it be large or small, will always have an unfortunate run in with ethics and the law. There is no such thing as a perfect health care facility. You have great ones that are leading the way in various services. However, all health care facilities will meet this unpleasant monster head on at one point or another. There are many forms of legal issues health care facilities could face. Within this paper, we are going to focus on Respondeat Superior and two cases where the doctrine was applied while deciding whether or not it was done fairly. The basis of this paper is to identify and discuss what Respondeat Superior is. In our reading, Pozgar (2012) states it as, “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.” Hospitals, or any form of health care organization, are particularly vulnerable to such allegations. According to John West (2016), Since an entity works through its employees, there is little that can be done, in most cases, to avoid respondeat superior liability.” Being in the position that they are in and having to employee as many individuals as it does to properly run a health care facility, there are bound to be instances where malpractice comes into play between employees and hospitals when there is negligence within said organization. An example of the hospital itself being held directly responsible is, according to Meera, T., Phanjoubam, M., & Nabachandra, H. (2016), “ Improper maintenance of the hospital leading to injuries or death to the patient.” Or even failure in
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