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What doctrine holds physicians legally responsible for negligent acts of their employees?
Wiki User
∙ 11y ago
vicarious liability
Wiki User
∙ 11y ago
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Review the discussion of the doctrine of election of remedies. What are some of the advantages and disadvantages of this doctrine?
The advantages of the doctrine will not be known without also knowing what the doctrine is. The information should be included about what the doctrine is.
How was the Miranda doctrine adopted by the Philippine Constitution?
how was the doctrine (miranda doctrine) adopted by the philippine constitution
How can vicarious liability be justified?
According to English Law, Vicarious liability arises when one person is liable for the negligent actions of another person, even though the first person was not directly responsible for the injury. This liability is not removed from the tortfeasor, but rather it becomes joint and that the claimant is free to sue either party. It is a situation which most commonly arises during the course of employment: employers can be held vicariously liable for the action of their employees whilst at work. Many reasons have been advanced to justify this departure from the fault principle. It is commonly said that the reasons behind the doctrine of vicarious liability are first, that the employer is in a better position to absorb the legal costs either by purchasing insurance or increasing his prices. Secondly, that the imposition of liability should encourage the employer to ensure the highest possible safety standards in running his business. The Latin maxim 'qui facit per alium facit per se' that means he who acts through another shall deemed to have acted on his own and 'respondeat superior' ("let the master answer") is commonly used in employer-employee relationships. In Bartonshill Coal Co. v McGuire ,1 Lord Chelmsford LC said: 'every act which is done by an employee in the course of his duty is regarded as done by his employer's orders, and consequently is the same as if it were his employer's own act.' It is said that the doctrine of vicarious liability has not grown from any very clear, logical or legal principle but rom social convenience and rough justice. Another way to justify such liability is that employers must control the acts of employees and should be liable for them. According to Occupational Health and Safety Act I974, employers have a general duty to ensure so far as is reasonably practicable the Health and Safety of their employees. Analyzing this act, we can see that employers owe a duty of care to their employees and if any injuries occur to these people during their work, obviously they will be responsible. To avoid vicarious liability to take place, employers must provide sufficient instructions, information and trainings to their employees and explaining them clearly their duties at work. Had vicarious liability not present in Law, up to now there would have been massive cases related to vicarious liability...... Contact me, Wakil at: hrwakil@live.com
Doctrine of estate in land law?
The doctrine of estate would tell us for how long a person is entitled to hold a land.It would depend on the estate he has.
Is the doctrine of informed consent law?
state law
Which doctrine states that the physician is legally responsible for their own acts of negligence and for negligent acts of employees working within the scope of their employment?
Vicarious Liability
When a health institution is negligent for failing to ensure that an acceptable level of care is provided it is called?
negligence
Why is the case Darling v Charleston Community Memorial Hospital considered a benchmark case?
Darling has a major impact on the liability of health care organizations. The court enunciated the corporate negligence doctrine under which hospitals have a duty to provide an adequately trained medical and nursing staff. The hospital is also responsible for establishing policies and procedures for monitoring the quality of medicine practiced within the hospital. Thus, under Darling, the hospital was liable as a corporate entity for the negligent acts of its employees and physicians. The case indicates the importance of instituting effective credentialing and continuing medical evaluation and review programs for all members of a professional staff.
Who was involved on monroe doctrine?
President James Monroe is responsible for drawing up the monroe doctrine.
What is the name of doctrine that holds that damages assessed in a negligent action are determined in part by the degree of negligence imputed to each party?
assumption of risk
What is doctrine of hire and fire?
The policy of hiring the new employees and firing the old ones is known as the doctrine of hire and fire.
Who was the fifth president responsible for doctrine?
James Monroe
What is the example of the doctrine of vicarious liability?
For example; the employer of an employee who injures someone through a negligent act while in the scope of their employment - that employer is vicariously liable for damages to the injured person.
Who is responsible for amphibious training of all force assigned to joint amphibious operations in accordance with joint doctrine?
The Dept of Navy is responsible for amphibious training of all forces assigned to joint amphibious operations in accordance with joint doctrine.
Which of the following exceptions is not responsible for eroding the strength of the terminate at will doctrine?
Public policy exception
Who is responsible for the amphibious training of all forces assigned to joint amphibious operations in accordance with joint doctrine?
The Dept of Navy is responsible for amphibious training of all forces assigned to joint amphibious operations in accordance with joint doctrine.
What Doctrine describes each person as responsible for his own conduct?
Personal Liability
