Legal Aspects of Health Care Module 3 – Case Vicarious Liability

Legal Aspects of Health Care Module 3 – Case Vicarious Liability

Vicarious Liability

The doctrines of vicarious and corporate liability. These are both just as serious as employee negligence. In fact, in most cases, the organization is named with along side the employee in a negligence lawsuit. This is not a new phenomenon as highlighted in the case "Norton v. Argonaut Insurance Co". These events occured in 1959. Read the case and appeal (http://www.leagle.com/xmlResult.aspx?

1. Briefly discuss the terms vicarious liability and corporate liability.

2. Identify the various mistakes in the case and indicate which type of liability might result.

3. As the facility administrator, chief of staff, or chief of nursing, what steps would you take to prevent this from happening again?

4. This case happened over 50 years ago. What safeguards are in place today to prevent these types of mistakes?

5. What does pretermitting mean? Does it apply to this case?
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