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Responsibility for the acts of others:为他人行为责任..pdf

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Responsibility for the acts of others:为他人行为责任..pdf

上传人:薄荷牛奶 2016/4/15 文件大小:0 KB

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Responsibility for the acts of others:为他人行为责任..pdf

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文档介绍:iability exposure in a health care liability claim is rarely a cut-and-dried matter. Office-based physicians are fre - quently taken aback when confronted with the fact that they, their medical group, or their professional associa - tion may be responsible for the conduct of another in their office or practice. Frequently, this confusion arises from the failure to appreciate and understand the concept of indirect or vicarious liability embodied in the legal theory of respondeat superior . The potential legal responsibility for the acts of oth - ers does not stop there though. This article discusses the basic theories and circumstances under which a health care entity or professional may be responsible for the acts of those employed by that entity or individual. Respondeat superior embodies the general rule that an em - ployer is responsible for the negligent acts or omissions of its employees. Under respondeat superior an employer is liable for the negligent act or omission of any employee acting within the course and scope of his employment (1). This is a purely dependent or vicarious theory of liability, meaning a finding of liability is not based on any improper action by the employer. The fact that the employer may have acted reasonably in hiring, training, supervising, and retaining the employee is irrelevant and does not provide a basis on which the e