Module 4 Case

Vicarious liability is a liability attributed to a individual or corporation who has potency over or corroboration of indebtedness for a nonher who remissly causes an detriment or otherwise would be liable (3 . Whenever an dresser chemical attr serve exists , the principal is obligated for the mover s actions . The sloppiness of an employee performing at heart the scope of employment is attributed to the employer . An employer is secondaryly liable for absorbed acts or omissions by his employee in the pointedness of employment whether or non such act or omission was specifically empower by the employer . To avoid vicarious liability , an employer must parade either that the employee was not negligent in that the employee was reasonably scrupulous or that the employee was acting in his own right sort of than on the employer s businessLaw ruled that a checkup malpractice suit against an wellness attention organization (wellness maintenance organization ) may prevent under the theory that the allegedly negligent medico was acting as the agent of the health maintenance organization . It means that health make do corporations or their executives be trusty for all actions of their employees , because there are agnecy family exists . Numerous states turn in accept a cause of action for corporate negligence against a infirmary for negligence in granting staff privileges to an unfit mendelevium . So the fundamental issues of the task is checkup negligence in the blood of medical student and diligent . We should take in the distinguish reactivity of health interest system with focus on doctor-patient debt instrument , the delivery of health care services , including set-back and ending of the professional relationship , allocation of liability among providers , and recently unquestionable duties to third company non-patients Patient consent , purvey of learning , therapeutic experiment and relevant ethical batchons grafted upon conventions of medical responsibility . The fundamental principle of room law allows for an employer to be held creditworthy for the torts of an employee , even if the employer was not negligent .

Usually , in the medical setting , a medical student is treated as an autarkical contractor kind of than an employee . The health maintenance organization is then sticking break(p) of both agency-based liability for the physician s negligent acts (3Even if a physician is not an actual employee or agent of the health maintenance organization , the health maintenance organization can still be held liable under probable agency theory . An ostensible or apparent agency relationship arises when the health maintenance organization creates the conceivable impression that the HMO , in supplement to the physician , is responsible for the care provided or that the physician is an HMO employee . To support this liability theory , patients usually mobilize the particular that the HMO held out the physician as its employee by lean the physician as a participating HMO provider in a member brochure or advertizing . But HMOs have some protection - it s Employee hideaway Income surety Act (ERISA ) preemption (2 . ERISA preemption applies only to claims that an HMO failed decent to circularise the health benefits plan , not to claims of HMO negligence . If a plaintiff alleges that the HMO failed to authorize handling or properly to administer the benefit plan , a move will...If you want to drag a full essay, gear up it on our website: Ordercustompaper.com

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