Preview

The Doctrine Of Respondeat Superior: Thesis Statement

Good Essays
Open Document
Open Document
866 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Doctrine Of Respondeat Superior: Thesis Statement
Respondeat Superior
Introduction and thesis statements
Respondeat superior is a common law doctrine which was established in England in the seventeenth-century which was later adopted by united states and has been an agency of a fixture of agency law. The Respondeat superior is the legal concept of vicarious liability and the Doctrine of Respondeat Superior occurs when the agent commits a tort or civil wrong within the scope of employment and the principal is held liable although the principal may have done nothing wrong (Pozgar, George & Santucci, 2016).
Since the employer is assumed to be responsible for the actions of the employee because the employer controls the behavior of the employee. This is the theory behind Respondeat superior where the employer and employee legal relationship is the agency and the employer are referred as the principal. In case there was an injury to the patient, the patient was able to get damages collection under the agency law.
Definition of the legal doctrine and Respondeat superior
The legal doctrine is the analytical study of law where some procedural steps using a set of rules under a framework which is established under precedent
…show more content…
According to the plaintiff, the messages that were sent suggestively showed that the medical facility staff member was making fun of his medical condition. This prompted him after five days to report to the clinic about the nurse behavior to the clinics’ administrator where the nurse was fired for infringing the patient’s

You May Also Find These Documents Helpful

  • Good Essays

    Vicarious liability for employers and respondeat superior are words that can be used to research cases, statutes, constitutional provisions, and regulations that relate to the scenario. Negligence within the scope of employment is a phrase that can be used to perform a search for law reviews and journals, treatises, Restatements, dictionaries, and the Restatement of…

    • 488 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    On Wednesday December 2nd, 2015 at 2124 hours Security Operations Center radioed the East Orlando Security Officers to respond to room 208 bed #1 for a 44V- Enforcement Escort Visitor off Property from the medical Unit. Officers Steven Evans (407) and Carlos Ayuso (415) responded to the call. Upon arrival, Security staff met at the Nurse’s Station with Registered Nurse Amanda Ramos who advised us that the wife of patient Michael Vecchione (FIN: #84884426, DOB 04/14/1959) was interfering with medical staff and needed to leave. According to Nurse Ramos around 2126 hours while she was doing her rounds, she went inside the room 208 bed #1 and observed the patient's wife grabbing the Patient Care Tech Kevin Bird's arm. Mr. Vecchione's wife…

    • 269 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Lavr Johnson Wheaton Case

    • 324 Words
    • 2 Pages

    Wheaton is liable for the manager’s injuries. Under the doctrine of Respondeat Superior Liability. The principle in this case would be Wheaton and the agent would be LaVar Johnson. Under this doctrine an employer is liable for torts committed by agents, who are employees and who commit the tort while acting within the scope their employment, in addition, it also makes the principal liable both for an employees' negligence and for her intentional torts (pg. 944).…

    • 324 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    5. The criteria that determines what is an employees in the employer-employee relationship is that employer has some control over actions of employee, origination of process that causes tortious conduct was caused by employer, Employer delegated certain duties to employee and employee's actions while doing those duties caused injury, when employer hires employee, he assumes certain responsibilities for employees's conduct, Employer has deep pockets and will be more able to compensate injured plaintiff.…

    • 512 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Case Studies

    • 1656 Words
    • 7 Pages

    Facts: On July 4, 1972, Mrs. Mitchell started working at the Center in Lovington as a nurse’s aid. After being there for a year, she had additional duties at to her work load. She now served as a relief medications nurse two days out of the week. Mrs. Mitchell was starting to act out. She had an argument with the head nurse, Mrs. Stroope, in a crowded area of the Center. There was an incident where Mrs. Mitchell came to work out of uniform. On that particular day the Federal Regulation Inspectors were there for a visit. She was told to go home and change, but she refused to do so. The next day she came back into work out of uniform. She was told to go home and change, but this time she did as she was told. On May 24, 1974, she was switched from medications to the floor routine. She was angry and refused to hand out medication. She refused to perform her duties from May to June 4. Mrs. Mitchell was fired on June 4, 1974. Mr. Smith, which is her boss, paid her for that day, a week’s vacation, and another week’s of salary.…

    • 1656 Words
    • 7 Pages
    Good Essays
  • Better Essays

    Holding an employer liable for the actions of an employee may be a more complicated case than a typical personal injury compensation case. To learn more about your right to pursue compensation from an employer, seek legal counsel. An attorney can determine if you have a case and help assemble the evidence necessary to prove…

    • 594 Words
    • 3 Pages
    Better Essays
  • Good Essays

    Eth 316 Week 9 Final Paper

    • 1198 Words
    • 5 Pages

    I believe that the doctrine of respondent Superior does have some limitation, one of which is that even though it seeks to give liability to the party that would be more able to pay for loss for damage incurred. If for example the employee’s actions was unauthorized and outside the scope of his/her work the employer still must stand liability, situations like these happen often in the medical profession where patients are injured at the hands of unauthorized personnel and the employer becomes liable in a lawsuit. When the employee causes injury to a third party even it is unauthorized I believe that it is fair to have the employer stand liability however as I said before I do not agree with application of this doctrine in the cases where the action that injured the third party was reasonably taken upon the employee without authorization and outside their scope of their…

    • 1198 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    In theory the doctrine of binding precedent means that judges declare what the existing law is. However many people think that judges actually make law, especially in the High Court of Australia.…

    • 1288 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Patch Adam

    • 499 Words
    • 2 Pages

    Patch Adams did a lot of illegally things that took place in the hospital and in school. The director was showing the third year class around and was telling his students about the patient’s diagnoses. That is the patients’ confidential business and it should have not been discussed. Patch Adams also communicated with the patients and he was only in his first year of medical school. The nurses were also discussing the patient’s diagnosis with Patch Adam who is a student. It is not to be discussed…

    • 499 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Nvt Task 1

    • 1477 Words
    • 6 Pages

    Mr. E is a 67-year-old male who has been brought to the emergency department for lung congestion. Mr. E is diagnosed with pneumonia secondary to aspiration and Dr. K has determined that the best course of action is to intubate Mr. E. The nurse on duty discovers that Mr. E has an advanced directive that clearly states he does not want to be intubated. While looking at the medical notes she also discovers that Mr. E is mildly developmentally delayed. When Dr. K tries to discuss the situation with Mr. E he becomes very upset, shouts that he does not want to be intubated, and says he wants to go home. Dr. K has instructed the nurse to contact Mr. E’s next of kin because he fears that Mr. E is incapable of understanding the severity of his situation. The nurse contacts Mr. Y and advises him of the situation. The nurse then goes on break and discusses the situation in the cafeteria with other staff members who do not have any direct responsibility for the care of Mr. E. In South Carolina this nurse would be in direct violation of Section 40-33-110 of the Nurse Practice Act. Section 40-33-110 paragraph 8 states that the Board of Nursing has the right to fine, suspend, cancel, or issue public reprimand to any nurse who, “disseminated a patient 's health or personal information acquired during the course of practice to persons not entitled by law or hospital or agency policy to disclosure of this information” (South Carolina Nurse Practice Act, 2012). When Mr. E’s nurse spoke with the medical-surgical unit nurses about his situation the nurse was not following the South Carolina Nurse Practice Act. If the nurse was reported to the State Board of Nursing for this violation she could face fines and her nursing license could be suspended. Provision 3 of the American Nurses Association (ANA) Code of Ethics states…

    • 1477 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Dilemma

    • 1666 Words
    • 7 Pages

    Mr. Mapp, assuming Mr. DiDomenico as a generic store security guard, would use the theory of respondeat superior to claim that Gimbels is liable for his injuries sustained. This theory states the employers/principals are responsible for the conduct of their employees, assuming they are acting in the scope of their employment. However, Mr. Mapp’s approach to this theory would not be successful because Mr. DiDomenico is an employee of J.C. Penney’s and not an employee of Gimbels. Gimbels never hired DiDomenico so him acting upon himself to apprehend Mr. Mapp is not part of his scope of employment. The only way Gimbels would be responsible for Mr. Mapp’s injuries would be if DiDomenico were an actual employee for the company and, the attack would then be related to the duties of the employment and the assault would have then occurred within work-related limits of time and place.…

    • 1666 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Vicarious liability means that the employer is accountable for the standard of care delivered and…

    • 907 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    RIDDOR

    • 662 Words
    • 3 Pages

    happens at a hospital, if they suffer a specified injury an employee or self-employed person…

    • 662 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    1.1 Explain the employees roles and responsibilities’ in relation to the prevention and control of infection…

    • 1128 Words
    • 5 Pages
    Good Essays
  • Better Essays

    The law states that generally, the Employer has the main responsibility for Health and Safety although some tasks may also be delegated to staff. School staff also, have responsibility for…

    • 5065 Words
    • 21 Pages
    Better Essays