Lack of understanding of the legal concept of vicarious liability may underlie certain barriers to nurse-midwifery practice. Malpractice insurance surcharges, denial or restrictive limitation of clinical privileges, and physician "supervision" requirements may all be premised, at least in part, upon an assumption that physicians who work with, and hospitals that grant clinical privileges to, nurse-midwives will automatically be liable for any negligent actions or omissions of CNMs. This article examines the basis for such assumptions and, based upon research into the current case law on this subject, concludes that popular assumptions regarding physician/CNM or hospital/CNM vicarious liability are unfounded. According to the author's research, no reported cases exist to support that assumption. Vicarious liability arises from the relationship between two parties and is imposed solely on the basis of the relationship. An employer is almost always vicariously liable for the negligent actions or omissions of his employee. If a nurse-midwife is the bona fide employee of a hospital or physician, the latter will most likely be subject to vicarious liability. Absent of any employment relationship, however, such liability will not necessarily be imposed. Rather, the result will vary depending upon the facts of each case, and each professional's relative degree of fault would be determined upon the basis of his or her own actions.(ABSTRACT TRUNCATED AT 250 WORDS)
Download full-text PDF |
Source |
---|---|
http://dx.doi.org/10.1016/0091-2182(94)90017-5 | DOI Listing |
World J Clin Cases
January 2025
Department of Orthopaedics, Government Medical College, Omandurar Government Estate, Chennai 600002, Tamil Nadu, India.
In the intricate landscape of healthcare, vicarious liability looms large, shaping the responsibilities and actions of healthcare practitioners and administrators alike. Illustrated by a poignant scenario of a medication error, this article navigates the complexities of vicarious liability in healthcare. It explains the legal basis and ramifications of this theory, emphasizing its importance in fostering responsibility, protecting patient welfare, and easing access to justice.
View Article and Find Full Text PDFPsychiatr Psychol Law
May 2024
School of Private and Commercial Law, University of New South Wales, Sydney, Australia.
There is developing, yet strong, evidence that judicial officers are seriously affected by exposure to traumatic material. The risk and prevalence of psychiatric injury to judges is now increasingly recognised. In the light of growing recognition by the High Court of Australia of the likelihood of psychiatric harm arising in people whose work exposes them to traumatic material in (''), we investigate through legal analysis the possibility that judicial officers may be entitled to compensation for such harm.
View Article and Find Full Text PDFPET Clin
January 2022
Department of Radiology and Biomedical Imaging, Emergency Radiology, Yale School of Medicine, 333 Cedar Street, New Haven, CT 06510, USA. Electronic address:
Artificial Intelligence (AI) has been rapidly embraced by imaging fields and offers a variety of benefits in nuclear medicine; however, the biggest hurdles to AI in health care will likely not be technological but legal. What happens when an error occurs in the AI setting? A variety of legal causes of action, ranging from medical malpractice, to notions of vicarious liability/agency to products liability may come into play in an AI-related lawsuit. Physicians working with AI need to understand these causes of action, stay abreast of legal developments in AI, and advocate for appropriate guidelines and legislation.
View Article and Find Full Text PDFDermatol Surg
December 2021
Department of Dermatology, Dermatology Laser and Cosmetic Center, Massachusetts General Hospital, Boston, Massachusetts.
Background: Minimally invasive cosmetic procedures are on the rise. To meet this rising demand, increasing numbers of physicians and nonphysicians are performing these procedures. Understanding malpractice trends and reasons for litigation in cosmetic medicine is important to establish safeguards for patient care and minimize liability.
View Article and Find Full Text PDFChiropr Man Therap
June 2021
Discipline of Psychology, Exercise Science, Counselling and Chiropractic (PESCC), College of Science, Health, Engineering and Education (SHEE), Murdoch University, Murdoch University, Murdoch, Australia.
Background: While chiropractic care is most commonly provided within a private practice context, the 'traditional' solo practice is now uncommon. Chiropractors, manual therapists and related health professionals commonly work within the same practice bringing obvious advantages to both the practitioners and their patients. However, multi-practitioner, multi-disciplinary clinics also carry often unrecognized liabilities.
View Article and Find Full Text PDFEnter search terms and have AI summaries delivered each week - change queries or unsubscribe any time!
© LitMetric 2025. All rights reserved.