What is vicarious liability?

Liability of a patient for the doctor's actions

Liability of an insurer

Liability of an employer or supervisor for employees

Vicarious liability is the liability that an employer or supervisor has for the actions of people they control, such as employees or trainees, when those actions occur while performing work duties. In healthcare, this means a hospital or supervising physician can be held responsible for a clinician’s negligent acts if those acts happen in the course of employment. This rests on the relationship and control the employer has over the worker, often described by the doctrine of respondeat superior. It does not involve patients being responsible for doctors, nor insurers bearing liability for a clinician’s conduct, nor liability of patients for other patients. The essential point is that the employer is legally responsible for the actions of its employees within the scope of their work.

Liability of patients

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