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CLAIMS Rx DIRECTORY


RISK MANAGEMENT PUBLICATION

Vicarious Liability Risk Management

August 2021

In the most general sense vicarious liability allows an injured patient to hold a third party financially responsible for the negligence of the person who caused the injury. In malpractice litigation, vicarious liability is most frequently associated with an employment relationship. However, vicarious liability unexpectedly can arise from other healthcare work relationships. These risk exposures may not be obvious and can be considerable. This Claims Rx presents strategies for reducing a variety of vicarious liability risks. 

SPECIAL FEATURE
Definition of Vicarious Liability Terms

CASE ONE
Independent Contractor, Employee, or Ostensible Agent?

CASE TWO
Vicarious Liability for an Independent Contractor/Ostensible Agent

CASE THREE
Vicarious Liability Arising from Partnership

CASE FOUR
Vicarious Liability Arising from Office Sharing — Ostensible Partnership

CASE FIVE
Attending Physician Vicarious Liability for a Physician in Training

 

Claims Rx Aug2021
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