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Paper Topic:

Legal Aspects of healthcare

The legal aspect of Health Care

On application of Criminal liability in the health care setting

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University

Abstract

The following paragraph will illustrate the application of the term liability as it relates to the implications more particularly in the health care setting . This will examine the distinction between corporate criminal liability from the vicarious liability relative to the commission or omission of duties and responsibilities resulting to harm done to others . This will attempt to identify the instances and justifications of its application , by pointing out situations

happening in the actual setting . This will answer the question on whether the negligence of an employee can be attributed to the lack of superior clout of the organization employing the person who committed such act or whether such employee , be personally held criminally liable for such negligence . In our health care industry today , when things go wrong causing death or disability , who should we sue for liability ? Will it be the company who employed the negligent employee , or the employee himself

Introduction

According to the Center for Corporate Policy , defines a white-collar crime in reference with a relatively uniform behavior involving actions undertaken by individuals to contribute to the financial success of the organization . These crime are acts that violates the law of the firm yet having a more lenient definition with which it can be called a white-collar crime insofar as it represents violation of a legal rule constructed to govern business affairs or occupational practices Accordingly , it is distinguished from the conventional crimes like murder , rape , and manslaughter since the later , do not actually require any particular label that belongs to high status whereas the former , are those crimes are typically committed by the educated , professional society . The distinction of these crimes is essential in pointing out who should be held criminally liable for the consequences of the act

Before we proceed to defining the liability aspect of a crime , it must be noted that white collar job is not similar to corporate crime in essence , as it is most commonly construed as one and the same , corporate crimes refers to the organizational crime committed by the personality of the corporation as a whole whereas white collar crime refers to those acts committed by the person within the organization /company affecting the conduct of business . In the case where negligence is involved corporate criminal liability holds the company accountable for the crimes or act of omission done by the employee , if and when this employee acts with in the realm and scope of his duties and responsibilities assigned by the same and equally criminally liable for restituting the impact and consequences of such crime . As opposed to corporate criminal liability , vicarious liability imputes liability upon one person for the actions of another . Where in it looks at the hierarchy within the organization and assigns the liability to the entity that assumes a higher command of responsibility notwithstanding the act is done by a subordinate . In corporate liability...

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