Respondeat Superior Doctrine

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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. 

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.

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.

 What Medical Assistants Can and Cannot Do