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