The concept of vicarious liability represents a remedy for victims of abuse in the workplace to have fair treatment from employers under the principle of justice and good conscience. Thus, the distinction between intentional and unintentional wrongdoing in the course of employment will increase the effectiveness of applying the concept of vicarious liability to the advantage of Vicarious Liability Essay. Show More. Check Writing Quality. This essay aims to briefly outline the reasoning as to why employers are responsible for their employees’ actions, as well as exploring numerous ideas that are either in favour or against vicarious liability. Firstly vicarious liability is responsibility “for the tort of others and it arises because there is a special Vicarious Liability – Lis ter & Bey ond – what’ s happened since – br ief intr o bef or e Lister An essay q uestion will gener ally w ant you t o f ocus on the r ationale behind vic arious liability
Vicarious Liability Critical Essay - blogger.com
A case for medical malpractice was filed by Regina Sampson as the patient subjected to wrong treatment. Michael Contillo was the physician attended on the patient. Mount Vermon Hospital was the healthcare service provider. The hospital prayed for dismissal of all claims against it under summary judgment. The decision of the trial court went in favor of the hospital and the court dismissed the claims of Regina Sampson against the hospital, vicarious liability essay. The plaintiff made an appeal. On hearing the appeal, the Supreme Court of New York, Appellate Division decided to make a reversal of the judgment delivered by the Trial Court.
The Supreme Court admitted the claims of the plaintiff and ordered for the settlement of the claims by Mount Vermon Hospital. The court in its decision remarked that the plaintiff has an obligation to prove that the hospital failed ton provide healthcare service of a reasonable standard. This is essential to the claim for establishing the medical malpractice claim. It is also essential that the plaintiff has suffered injury because of the breach committed by the hospital to provide quality service. In general, there cannot arise a vicarious liability for a hospital for the malpractice of a physician attending privately and is not in employment with the hospital.
However there is an exception to this general rule. This exception is to be applied when the treatment was accorded to the patient on her vicarious liability essay request on entering the hospital. Vicarious liability essay is also necessary that the plaintiff has not chosen any particular physician to attend her. However, vicarious liability essay, in this case the exception could not be applied as the plaintiff did not dispute the prima facie claim by Mount Vermon Vicarious liability essay about the employment status of the attending physician.
Therefore the question of the defendant incurring any vicarious liability for the alleged malpractice of the attending physician does not arise. With the application of the common law the principal is not held liable for the wrongful acts of an independent contractor. However, the Appellate Court felt that the theory of apparent or ostensible agency by estoppels holds good in this case. According to the vicarious liability essay of estoppels, Mount Vermon Hospital has to undertake vicarious liability essay liability for the negligence or wrongful act of Dr.
Michael Contillo, the independent attending physician. Tammello, The presence of an apparent agency can be established by the words or acts of the principal, provided the third party relied on such words or acts to believe the authority of the agent in providing the service on behalf of the principal. Further, the third party should have relied on the assumed relationship between the principal and the agent and accepted to receive the service offered by the defendant. The third party need not have relied exclusively on the skill of the agent. In view of this legal position the Appellate Court reversed the Trail Court orders and decided the case in favor of the plaintiff fixing the vicarious liability on Mount Vermon Hospital, vicarious liability essay. Tammello, A.
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Tort law - Vicarious liability
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The concept of vicarious liability represents a remedy for victims of abuse in the workplace to have fair treatment from employers under the principle of justice and good conscience. Thus, the distinction between intentional and unintentional wrongdoing in the course of employment will increase the effectiveness of applying the concept of vicarious liability to the advantage of Dec 24, · Vicarious liability is a legal concept which refers to one party being held liable for the injury or damage sustained by another party, in spite of the fact that they had no active involvement in the incident. The intent behind vicarious liability is to hold the proper party accountable when harm is blogger.comted Reading Time: 10 mins Vicarious Liability – Lis ter & Bey ond – what’ s happened since – br ief intr o bef or e Lister An essay q uestion will gener ally w ant you t o f ocus on the r ationale behind vic arious liability
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