An employee may come under temporary direct control of an employer.(Daniel S. Kleinberger 120)The borrowed servant doctrine is a legal doctrine that implies that an employer is legally responsible for the actions or negligence of a temporary employee. The temporary employee, in this case, is not the employer's regular employee. The temporary employee is borrowed (with consent) for his services and is subject to directions of the employer. To determine whether an employee falls under borrowed servant several tests have been formulated. These tests include an existence of an employment contract, whether the employer has the obligation to pay the temporary employee, whether the employer controls the detail of the employee's work and whether the type of work falls under the special empowerment category. The employer's liability in the doctrine of the borrowed servant is based on the employer's obligation to direct and control the temporary employee. The employer is therefore held responsible for any employee's negligence. …show more content…
Initially, the surgeons were held responsible for the actions of all members of the surgical team. However, new aspects of the doctrine came up with the coming of specialization in the medical field such as a certified anesthesiologist or radiologist. A common example is an x-ray technician working under direct orders of a radiologist. The radiologist is held responsible for the actions of the x-ray technician. Another example is hospital employee working under direct orders of an independent doctor. The independent doctors are held accountable for the actions of the hospital employee. Under the doctrine of the borrowed servant, a doctor is not held liable for the negligence of a qualified specialist. Board certified specialist such as a certified anesthesiologist or certified radiologist is responsible for their
Medical malpractice has been a controversial issue in the healthcare setting for centuries. Apparently, there are laws to protect patients’ from medical mistakes and errors that are the result of negligence. After researching various laws and medical liability cases based on allegations of negligence, this paper will discuss and provide details on the medical malpractice case of Dorrence Kenneth versus Charleston Community Memorial Hospital. The case analysis will briefly explain information from the beginning to end, including: laws that were violated, codes in the healthcare industry that were breached by the physician and Charlesto...
In the case study 4.1 (Tardif v. Wiebe), we learned that vicarious liability does not always applied on employers for employee’s wrongdoings. In most cases, the decisions are made upon determining weather employee was acting in their own personal capacity and interest, or in the course of their employment.
[12] CURRAN, Simon, ‘When is a duck not a duck? The employee/independent contractor dichotomy’, Bulletin (Law Society of S.A) 26 (9) October 200etin (Law Society of S.A) 26 (9) October 2004: 23-26
The act of medical responsibility originated in Rome and England dating back to the time of 2030 BC. The act states that a learned professional should always care with responsibility and care toward their profession. Around the year of 1200 AD, Roman law considered medical malpractice to be wrong and expanded their views about it all throughout Europe. It was said by the Code of Hammibal that if a person commits malpractice knowingly or unknowingly they would lose their job, hand, and an eye. Malpractice had also occurred throughout the U.S around the 19th century, due to the negligence of the state’s governments. Medical malpractice litigation has since been sustained for a century and a half by an interacting combination of 6 principal factors.” “Three of these factors are medical: the innovative pressures on American medicine, the spread of uniform standards, and the advent of medical malpractice liability insurance.” “Three are legal factors: contingent fees, citizen juries, and the nature of tort pleading in the United State.” (Mohr). The U.S is very familiar with malpractice b...
John Beckett mentions that the Glorious Revolution has been considered a historical event related to the political issues. The main target of this historical event was to create a commercial freedom in Europe. After this revolution was done, trade relations in Europe went up, and the Bill of Rights was also created in 1689. Today, the Bill of Rights is shown and known that it was the first building stone for the British constitution because it limited the monarchic power. During the eighteenth century, the period of the Age of Enlightenment is considered between 1713 and 1789 because Anthony Pagden states that Europe was like a republic of states, and it was like a union acting together and talking with one voice. The Age of Enlightenment
The hospital under vicarious liability is based on Respondeat Superior (let the master answer) for the negligence actions of its contractors/employees. This is the responsibility of physicians for negligent actions of hospital employees ranging from nurses to x-ray techs. Through Corporate Liability the hospital itself is liable for the negligent actions of its workers.
The Divine Command Theory is an ethical theory that basically proposes that God is the sole distinguisher between what is right and what is wrong. The textbook describes that under this theory, God commands what is moral and forbids what is immoral. Critics of this theory state that if God is the sole decision maker of morality, immoral actions could be acceptable if He willed it, and thus, God’s authority would be subjective and arbitrary. However, proponents contend that God would not allow immoral actions because he is omnipotent and all good. To follow the Divine Command Theory, one must believe and trust that it is in God’s nature to do good, and He will not act against his nature. By believing in this, one would dispute the critics’ argument by proving that God his not making
The use of contingent workers is on the rise. The U.S. Bureau of Labor Statistics defines contingent workers as anyone who "does not have an explicit or implicit contract for long-term employment" (Phillips & Gully, 2011 pg 51). This definition includes independent contractors, freelancers, consultants, and temporary workers who may or not work for an agency. In the past 50 years, temporary workers have been crucial to many businesses, and their role in business is growing. Companies must recognize potential problems and concerns brought about by employing temporary workers, and adjust their approach to staffing.
employer or employee to lose property, money, or a valuable security or any service. This
Svensson, S. & Wolven, L-E. (2010) Temporary agency workers and their psychological contracts, Employee Relations, 32(2), 184-199
Also, the tort victim is usually sufficiently compensated through insurance rather than if they claimed against the employee as the master has the ‘deepest pocket’[2]. However, recent developments in the law on vicarious liability not only makes the employer liable for acts that are ‘directly’ connected with what they are employed to do, but it is now established that an employer may be liable for the unauthorised acts of an employee, where those acts are ‘closely connected’ with the nature of the wrongdoer’s employment. The principle of vicarious liability can also burden the operation of a business by placing a disproportionate amount of responsibility on an employer. More money needs to be spent on training, employee’s characteristics need to be assessed and higher costs will be passed on to the consumer.
Emerson described divine discontent in his essay, Thoughts on Modern Literature: “Man is not so far lost but that he suffers ever the great Discontent which is the elegy of his loss and the prediction of his recovery.” Everyone experiences loss in life, and it is fitting that we lament our losses. Nevertheless, it is also beneficial to be open, receptive and perceptive, with regard to opportunities for comfort and consolation; for there is no comfort or consolation in the loss, nor can we be content to suffer losses, knowing that there is more to us, more for us, and more that we can do. The enlightened know that we cannot be content with survival, and that we will strive, but only in order to thrive. And so we find, in Emerson’s insights
Many Christians today know very little if anything about Monasticism. Some probably have never heard of the term before. Monasticism also referred to as monarchism is the act of living alone. It is a religious practice where one fully devotes one’s life to those things that are wholly spiritual.
Covenant has a central place in the Christian religion. It is a relationship between us and God created by a pledge in which part has defined responsibilities. The type of covenant we are in with God is suzerainty. This simply means that God is our master and we are his slaves. Too many there might be a bad connotation in the master-slave analogy. However, I embrace the fact that god is my master and I am His slave. He will never do anything to harm me, knows my needs, will provide for me, and He loves me unconditionally. That is way different compared to the way slaves were treated by their human masters.
Part 2 of Employer Duties and Rights- management rights, subcontracting, just-cause discipline and discharge, and safety standards.