Vicarious Liability

Running Heading : Vicarious Liability

Vicarious Liability

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University Vicarious Liability

Vicarious liability is a legal doctrine often utilized in medical negligence cases . The employer 's hold the responsibility of the action performed by the employees in whatever work is being done in the organization . If the actions are held to be unlawful , then the employer can be held responsible . According to medical negligence cases , the defendant had to perform certain actions under the duty of care . If the defendant has failed to provide

these duty of care , and if the plaintiff has suffered damages as a consequence of this failure , then the plaintiff can claim damages in terms of monetary benefits (Anti-discrimination Commission Queensland , 2007

The case under discussion is Negron v . Patel , et . al (1998 . This was regarding a federal case d in the Eastern District of Pennsylvania on May 8 , 1998 , against a HMO . The Court claimed that physician 's acting negligently were actually agents of the HMO . Peter Negron was an autistic patient who was entitled for benefits under the Federal Employee Health Benefits Act or "FEHBA ' scheme . The compliant was d with the Aetna US Healthcare HMO alleging that the hospital did not provide adequate care , in spite of the patient giving several complaints of gastrointestinal problems (Martin , 2008 , MMMPA , 2008

Peter Negron was an autistic patient who was capable of performing his own functions regarding hygiene and other personal activities . However he had developed salmonella infection and the condition was not diagnosed...