Principles of healthcare management

Respondeat Superior

1. Elaborate on the meaning of Respondeat Superior? (300 words)

Respondeat superior theory holds that an employer is liable or responsible for the actions of their workers or employees. According to the law, a master may be held accountable for the actions of his or her slaves while they are working for them. No respondeat superior does absolve a person of responsibility for their actions, nor does it nullify the theory of ordinary negligence. So the master remains accountable for any carelessness that may be shown without the use of respondeat superior, such as negligent employment or supervision. In the same way, the servant is answerable for their actions. If the boss pays damages per respondeat superior, the boss is entitled to recoup those losses from the servant (Shenoy, Shenoy & Shenoy, 2021). It is ordinary agency law, and it is not uncommon for a master to sue a servant for reimbursement.

Respondeat superior removes the burden of proving the master's negligence from the tort victim instead of requiring just proof of the servant's negligence. As a result, respondeat superior implies that an employer may be held accountable even if there is no evidence that the company was negligent in creating a work environment where workers might damage others. Consider a delivery company that trains its employees and dispatches them in typically well-maintained cars, but one employee strikes a stop sign and harms another. It means that the employer's negligence will be held accountable: the delivery business cannot claim (imperfectly) that she is operating for it when she makes proper deliveries but not when she runs red lights (Shenoy, Shenoy & Shenoy, 2021). The company is liable for her inability to stop at a red light.

"The liability of an employer for torts committed by employees acting within the extent of their employment" was ruled the current paradigmatic statement of respondeat superior in Konradi v. the United States by the Seventh Circuit. The respondeat superior hypothesis may be used in physician-hospital interactions (Shenoy, Shenoy & Shenoy, 2021). Respondeat superior, as it is generally used, means that everyone bears responsibility for the actions of those who are liable for them.

1. Describe the concepts of Vicarious Liability, captain of the ship doctrine, and Charitable Immunity (550 words)

Vicarious liability

According to Shenoy, Shenoy & Shenoy (2021), one person can be held legally responsible for injury produced by another party's conduct, even though that other party was not the one responsible for the harm. Anyone who has an authoritative legal connection with another person and causes damage to them is legally liable for their conduct. It is known as "vicarious responsibility." The workplace is among the most common settings for vicarious liability to occur.

Employers are liable for their employees' acts, comments, and deeds, much more so if the statements, actions, or deeds are committed in the name of or on behalf of the firm. When a business or one of its employees inflicts damage on purpose or accidentally, a colleague, a customer, or even a partnering firm and its employees may be affected (Shenoy, Shenoy & Shenoy, 2021).

It is common for employers to be completely uninformed about their legal obligations if one or more of their workers violate company policy. Employers may be held vicariously accountable even though their employees are personally responsible for the damage they create. Even if there is clear evidence that an employee acted without the employer's consent or knowledge, or carried out outside the scope of the employee's service contract, it is possible and common to hold the employer vicariously liable for its actions on employees (Shenoy, Shenoy & Shenoy, 2021).

Charitable immunity

Suppose an enterprise is considered a charity. In that case, it may not be held accountable for injuries caused by the carelessness of one of its employees under the legal notion of "charitable immunity." Some non-profit institutions, such as hospitals and churches, may eligible for charitable immunity. Non-profit organizations are exempt from liability in medical malpractice claims because it is against public policy to oblige a non-profit entity to pay judgments, which would reduce the capacity of charity hospitals to care for patients (Shenoy, Shenoy & Shenoy, 2021).

Captain of the ship doctrine

Because surgery is considered a specialty, all surgical team members are expected to be subordinate to the "master" surgeon and answer only to him or her on matters of surgery. The captain-of-the-ship theory assumes the sur