Posted: October 11th, 2022

Vicarious Liability Essay

I.  Case Abstract of Pope v. Winter Park Healthcare Group, Ltd

The events on this swimsuit are Preston and Ginger Pope and the Winter Park Healthcare Group Restricted.  The spouses Pope filed a medical malpractice swimsuit towards Winter Park, Dr. McMahan, and Dr. Wolford.  Plaintiffs claimed that the hospital is vicariously chargeable for the negligence of Dr. McMahan who was answerable for conducting an premature and inaccurate resuscitation on Tyler Pope, the new child baby of the plaintiffs.  In consequence, plaintiff’s son developed everlasting mind injury.

The spouses Pope argued that when Mrs. Pope was admitted to Winter Park Hospital for the supply of he baby, an implied contract was created between them.  The latter is subsequently certain beneath the contract to supply her with the medical or surgical remedy or process she and her new child son might have regardless if the doctor is merely an impartial contractor.  Then again, the hospital argued that it couldn’t be held liable to the affected person as a result of the doctor was an impartial contractor as indicated within the affected person consent type which was acknowledged and signed by the sufferers on the time they sought the providers of the hospital

In keeping with the Courtroom of Appeals, the consent type signed by the plaintiffs constitutes an categorical contract that the physicians practising at Winter Park are impartial contractors and never its staff or brokers.

 There’s nevertheless nothing within the consent type that claims that the hospital can be discharged from any legal responsibility in case of any negligent act of the doctor.  Though the spouses acknowledged that the doctor is an impartial contractor this doesn’t imply that the plaintiffs comply with discharge from hospital from its contractual obligation (“Hospitals Could also be Held Accountable for Unbiased Contractor’s Negligence, 2006, p.2).  Delegation of responsibility doesn’t imply discharge from duty.  Thus, though the use by hospitals of impartial contractor might remove the respondeat superior legal responsibility it doesn’t nevertheless relieve the hospital from any responsibility it has undertaken primarily based on the contract.

II. There’s vicarious legal responsibility when an individual isn’t solely chargeable for torts dedicated by himself but in addition for torts dedicated by others with whom he has a sure relationship and for whom he’s accountable.  That is also called the doctrine of imputed negligence within the sense that even when the particular person or firm isn’t negligent per se however the regulation nonetheless treats the particular person or firm accountable akin to an employer being held chargeable for the tort of an worker (Susan Leung, 2004, p.1).  Thus, vicarious legal responsibility is outlined in accordance with Black’s Legislation Dictionary as “the imposition of legal responsibility on one particular person for the actionable conduct of one other, primarily based solely on the connection between the 2 individuals; oblique or imputed obligation for the acts of one other; for instance, the legal responsibility of an employer for the acts of an worker, or, a principal for the torts or [actions] of an agent.”

III. The query on the existence of employer-employee relationship is necessary in figuring out vicarious legal responsibility (Andrew P. Hallowell, 2007, p.1). For a plaintiff who seeks to file a swimsuit towards a well being care group, he should allege and show that there exists an employer-employee relationship between the doctor and the hospital.    For the well being care group which seeks to exculpate itself from any legal responsibility, it should show that there isn’t a employer-employee relationship and that the doctor is merely an impartial contractor.

For functions of figuring out the presence or absence of employer-employee relationship, the plaintiff must be guided by the next assessments.  The well being care group is the employer whether it is answerable for the choice and engagement of the worker, the fee of wages, the facility of dismissal and the facility to regulate the means and strategies of doing the work.  The strongest check is the final issue which is the management check (Ernest Badway, 2007, p.1).

If the hospital controls the time when the doctor is required to report for work and directs the means and strategies within the efficiency of his work, pays his wages and has the facility to terminate the doctor then there’s employer-employee relationship.  If alternatively, the doctor isn’t managed in accordance means and method of doing his work however solely on the outcome akin to when he was chosen by a affected person to carry out a single operation throughout the premises of the hospital then he’s an impartial contractor and the hospital isn’t vicariously liable in case of negligence (Edward D. Shoulkin and Smith J. Tamara, p.1).

You may additionally have an interest within the following: principles of vicarious liability

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