Respondeat Superior Paper Assignment Example | Topics and Well Written Essays - 750 words

Respondeat Superior Paper - Assignment ExampleThe import of this doctrine is that it gives the injured party the chance to recover losses or damages incurred, by do the employer liable for all the injuries brought about by an employees natural processs, provided that this employee is operating within the scope of employment. In this display case stated, the sawbones has a vicarious liability for the endurings death. It is very determinable that the nurse-anesthetists action led to the death of the patient. It is the nurse-anesthetist who had administered anesthesia without paying close attention to the patients oxygen intake. The nurse-anesthetists negligence also caused her to fail to detect the vital signs of lack of oxygen, until the patient reached the precipice of a cardiac arrest. This solely gives a very strong ground for a Respondeat Superior case. Some of the Respondeat Superior lawsuits include death, injury, or incomplete treatment. Like this case, most Respondeat Sup erior cases stem from an unintentional and unforeseen failure to detect or carry out an action. It is beyond gainsay that both the surgeon and the nurse-anesthetist did not intend to harm the patient, provided their unforeseen failure caused the patients death. It is also imperative to note that the nurse-anesthetist was acting as an employee in the line of duty. ... The import is that the deceased patients family, as well as the plaintiff, go forth good prove that the nurse-anesthetist is an employee of the surgeons institution. Similarly, all the acts she had carried out were part of the treatment. The administration of anesthesia was done to give the patient for surgical intervention. This will greatly help the plaintiff prove that the nurse-anesthetist erred within the scope of employment. In another wavelength, noting that vicarious liability entails strict secondary responsibility is also important in consciousness the surgeons liability for the nurse-anesthetists actions . This aspect of secondary liability is brought about by the surgeon being superior to the nurse-anesthetist. It is because of this hierarchical relation between the surgeon and the nurse-anesthetist that not only makes the nurse-anesthetist to prepare the patient for the surgeons work, but also makes the surgeon responsible for all the acts executed by his subordinate, the nurse-anesthetist. Again, Lewis and Gardner (2000) peril that the conditions that describe vicarious liability are very wide, thereby giving the surgeons blameworthiness a wider threshold. Particularly, vicarious liability in Respondeat Superior broadly imputes responsibility on any deuce-ace party, provided that the third party possesses the authority and duty of control. The gravity behind this development is that even if the plaintiff whitethorn not in the court of law identify the very nurse-anesthetist yet, by adducing the results of the investigations, the plaintiff will have rendered the surgeon fully l iable. Since the results