Medical Assistant and the Respondeat Superior Doctrine

Medical Assistants: Let the Master Answer!

Respondeat superior is a legal term that stands for "let the master answer". It is a long established doctrine that applies when a master acts through the servant to accomplish the master's task, such as the medical assistant carrying out direct patient care and clinical procedures under the control of the physician. What this doctrine is referring to is the fact that, under specific circumstances, an employer (or the master) is legally liable for the actions of the employee (the servant) while in the course of their employment. The actions of the servant are imputed to the master. 

Please Note: The information contained on this page is provided for information purposes only and should not be considered legal advice, nor is it a substitute or interpretation of regulations established by authorities having jurisdiction over practicing doctors, nurses and their medical assistants in your state. Please contact your State Board of Medical Examiners directly for specific advice, official business, or consult with your attorney. We cannot provide this information to you.

Resopndeat Superior Doctrine In a Nutshell:

Respondeat superior means, that when a mistake happens not only is the employee who made the mistake liable, but also the one who is responsible for the employee. When applied to physical torts an employer/employee relationship must be established and the act must be committed within the scope of employment, i.e. substantially within time and geographical limits, job description, and at least with partial intent to further the employer's business. 

The Law on Tort and Negligence

Tort, or negligence law imposes a minimum level of due care on all persons in their interactions with others, including people who choose to volunteer. Negligence is generally considered failure to act with the prudence that a reasonable person would exercise under the same circumstances.

The very critical issues of medical errors and patient safety have received a great deal of attention. In November 1999, the Institute of Medicine (IOM) released a report estimating that as many as 98,000 patients die in the USA as the result of medical errors in hospitals each year.

Negligence

Negligence in a medical office is a failure in a doctor's, nurse's, paramedical, or other allied healthcare professional's duty to patients that may result in injuries, or damages that lead to measurable physical, emotional, or economic harm. It implies a bad standard of conduct!

If an employee acts negligent or in an improper manner, which includes harming a patient intentionally, or unintentionally, it can lead to liability for the employer if the bad act was committed on the job, performed as part of the job, and the kind of job that the employee was hired to do.

Tort

Tort law is the name given to a body of law that addresses, and provides remedies for civil wrongs that do not arise out of contractual duties. A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible, or "liable," for injuries. Generally speaking, tort law defines what constitutes a legal injury, and establishes the circumstances under which one person may be held liable for another's injury. Torts cover intentional acts and accidents.

Liability

As more patients, their family members and friends, and malpractice lawyers become aware of the role of the medical assistant in direct patient care, they also see a potential malpractice target if they believe they have received a poor standard of care. Injured patients, either on their own, or encouraged by family members, friends, or their attorneys, wind up taking their cases to the courts.

Situations involving injuries or damages that generations ago would have been ignored by the injured person are now regularly the basis for lawsuits. Liability has become a major risk not only for the physician but also for allied healthcare professionals working under their direct supervision, such as the medical assistant. As in any legal proceedings, when a medical malpractice law suit is filed as many people as possible will be named.  

 What Medical Assistants Can and Cannot Do