A doctor who has been negligent may not be the only defendant in a medical malpractice suit. Often the plaintiff names many people in the claim: The IPA, the hospital that retained the doctor on its staff, surgery center, the group that hired or contracted can be held vicariously liable for the doctor's negligence under a theory of "respondeat superior."
Read the rest of entry »
Respondeat superior is a legal principle that holds an employer liable for the negligence of its employees in certain circumstances. The negligent act must have occurred within the "scope of employment or supervision” of the health care or employing entity. The issue that often is at the center of these cases is: When exactly is an employee acting within the scope of employment?