Original Article

Medical Malpractice and Respondeat Superior

Authors: JUDITH J. REGAN, MD, MBA, WILLIAM M. REGAN, MD

Abstract

The legal concept of vicarious liability and the Doctrine of Respondeat Superior occurs when the servant (employee) commits a tort or civil wrong within the scope of employment and the master (employer) is held liable although the master may have done nothing wrong. In this article, legal cases are presented to emphasize the importance of these issues, which frequently involve physician extenders and physicians as employers in our current health care climate. Physicians need to be aware of this doctrine in the supervision of their staff and their day-to-day medical practice.

This content is limited to qualifying members.

Existing members, please login first

If you have an existing account please login now to access this article or view purchase options.

Purchase only this article ($25)

Create a free account, then purchase this article to download or access it online for 24 hours.

Purchase an SMJ online subscription ($75)

Create a free account, then purchase a subscription to get complete access to all articles for a full year.

Purchase a membership plan (fees vary)

Premium members can access all articles plus recieve many more benefits. View all membership plans and benefit packages.

References