Examples Of Vicarious Liability
ARTICLE #19
Vicarious Liability: What Is It and How Does It Apply?
From Coverys Risk Management
(Tracy L. Melina, BS, MBA, CPHRM)
In healthcare, there are two main categories of liability: primary and secondary. And while most physicians and other clinicians are constantly aware of how their own actions and decisions affect risk and safety, it’s easy to forget about the type of secondary liability known as “vicarious liability” because this type of liability applies when adverse outcomes result from the actions (or inactions) of third parties or subordinates.
The application of vicarious liability is based on two legal principles. The first principle relates to the acts of employees. This principle is referred to as respondeat superior, …show more content…
This principle is commonly applied to emergency room physicians. While these physicians are frequently employees of an emergency room group practice that has contracted with the hospital, it’s understandable that patients of the ER may believe that the emergency room physicians work for the hospital. Because of this perception, the hospital can be held vicariously liable for the acts of physicians in the …show more content…
For example, if you are a cardiologist who contracts with a service for an ultrasound technician to perform echocardiograms or stress tests in your office, you are at risk for vicarious liability allegations. In this case, you or your practice can be held responsible according to the principle of apparent authority/ostensible agency if the ultrasound technician acts negligently and your patient thinks that the technician was working for you.
In general, you should recognize that three conditions must exist for vicarious liability to be applied:
There must be a legal relationship (e.g., employee, independent contractor),
The individual performing the act must be working within the scope of his/her role, and
The individual must be acting on your behalf or that of your practice.
How Can I Mitigate the Risk of Vicarious Liability?
There are many steps your practice can take to reduce the risk of vicarious liability when working with employees and independent contractors, including:
Supervising support staff members, unlicensed assistive personnel, and advanced practice
Vicarious Liability: What Is It and How Does It Apply?
From Coverys Risk Management
(Tracy L. Melina, BS, MBA, CPHRM)
In healthcare, there are two main categories of liability: primary and secondary. And while most physicians and other clinicians are constantly aware of how their own actions and decisions affect risk and safety, it’s easy to forget about the type of secondary liability known as “vicarious liability” because this type of liability applies when adverse outcomes result from the actions (or inactions) of third parties or subordinates.
The application of vicarious liability is based on two legal principles. The first principle relates to the acts of employees. This principle is referred to as respondeat superior, …show more content…
This principle is commonly applied to emergency room physicians. While these physicians are frequently employees of an emergency room group practice that has contracted with the hospital, it’s understandable that patients of the ER may believe that the emergency room physicians work for the hospital. Because of this perception, the hospital can be held vicariously liable for the acts of physicians in the …show more content…
For example, if you are a cardiologist who contracts with a service for an ultrasound technician to perform echocardiograms or stress tests in your office, you are at risk for vicarious liability allegations. In this case, you or your practice can be held responsible according to the principle of apparent authority/ostensible agency if the ultrasound technician acts negligently and your patient thinks that the technician was working for you.
In general, you should recognize that three conditions must exist for vicarious liability to be applied:
There must be a legal relationship (e.g., employee, independent contractor),
The individual performing the act must be working within the scope of his/her role, and
The individual must be acting on your behalf or that of your practice.
How Can I Mitigate the Risk of Vicarious Liability?
There are many steps your practice can take to reduce the risk of vicarious liability when working with employees and independent contractors, including:
Supervising support staff members, unlicensed assistive personnel, and advanced practice