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Supervisors are not under this doctrine, but can be held directly responsible for personal acts or omissions as well as be liable for improper supervision or improper provision of care.
Respondeat Superior
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Respondeat Superior
(“let the master answer”)
Two conditions typically exist for this doctrine to be applicable:
1. an employer-employee relationship must exist
2. the employee must be functioning under the authority of the emplyoer.
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Decisions in the 1950’s and 1960’s found the hospital liable to fulfill directly duties to the patients.
Corporate Responsibility
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The hospital is not a hotel that merely rents space to patrons.
Corporate Responsibility
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Borrowed Servant
The law infers that the one controlling or directing the employee has greater responsibility than the one paying the employee.
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Captain of the Ship
A person in charge (captain) may be held responsible for all of those under his or her supervision (crew).
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This is a fundamental rule of law that holds each person responsible for his or her own tortuous conduct, even though others may be liable as well.
Personal Liability
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“The doctor said it was okay”, cannot be used as a defense.
Personal Liability
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Individuals performing an action are expected to perform that action as would any reasonable person of ordinary prudence
Reasonably Prudent Man
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A patient who may not have been informed of the risk of death, may die from injection of contrast media. In such a case, the jury must decide if the remote risk of death would have discouraged the patient, as a reasonably prudent person, from undergoing the examination.
reasonably prudent man
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No legal expert testimony may be required. (however a medical expert may be required to verify an act was negligent.)
- Res Ipsa Loquitur
- res ipsa loquitur
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Res Ipsa Loquitur (“the act or thing speaks for itself”)
holds that the case of negligence is obvious.
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Sponge counting can be considered a classic example, unless an emergency required immediate closure of the wound
Res Ipsa Loquitur
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Applicable to the patient as well as the healthcare provider.
Often applied in situations of patient consent.
reasonably prudent man
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Trial consists of the following steps:
- 1. opening statements (by both sides)
- 2. Plaintiff’s presentation
- 3. Cross-examination by defendant’s attorney
- 4. Defendant’s presentation
- 5. Cross-examination by plaintiff’s attorney
- 6. Closing statements (by both sides)
- 7. Jury instruction by judge
- 8. Jury deliberation
- 9. Verdict
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STEP 1 in lawsuit
Plaintiff files against defendant (complaint)
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STEP 2 in lawsuit
Court issues to defendant document stating plaintiff’s charges (summons)
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Step 3 in lawsuit
Defendant answers or responds to plaintiff’s complaint or motion to dismiss (always answer; sometimes counterclaim)
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Step 4 in lawsuit
Both attorneys develop their cases by gathering information through depositions and interrogations as well as reviewing all other facts of the case (discovery), request for production of documents and other methods
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step 5 in lawsuit
Possible court-assisted mediation
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Step 7 in lawsuit
Appeal (possible)
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Step 8
Execution of judgment
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