HCM 388 CHAPTERS 6-9- QUESTIONS
WITH ANSWERS VERIFIED 100%
CORRECT
What is Respondeat Superior? - ✔✔Vicarious Liability
- An employer is liable for a tort (civil wrong that causes injury or harm to patient) an
employee commits within the scope of employment
- Encourages employers to have processes in place to prevent acts that lead to torts
What is liability based on? - ✔✔- Was a tort committed?
- Was the person who committed the tort an agent or employee of defendant?
- Was the tort committed within the scope of the agent or employee's duties?
What is Independant Contractor? - ✔✔A principle affecting liability
Employers are usually responsible for the negligence of independent contractors (I.C) and
the I.C. has no control over their actions. An employment relationship is present.
- True or False - ✔✔False
- The employers are not responsible
- The I.C. has sole control over their actions
- No employment relationship
Are independent contractors more or less viable then 50 years ago? - ✔✔Less viable
Hospitals are expected to maintain quality, and they often are held liable even when
the physician is an independent contractor
- True or False - ✔✔True
, What are some factors that prompt courts to see an employment-like relationship where none
would have been found before? - ✔✔- A large amount of patient's doesn't select their
physician: Rather the hospital, the employer, designates the doctors
- More doctors are now employed by hospitals
- Medical practices are more institutionalized
What is the Doctrine of Corporate Liability? - ✔✔Holds health-care facilities, such
as hospitals, nursing homes and medical clinics, responsible for the well-being of
patients
According to the Doctrine of Corporate Liability, who would be considered negligent?
- ✔✔The hospital
- Hospital owes a legal duty to patients
What are some duties owed by the hospital according to the Doctrine of Corporate Liability? -
✔✔- Selection & retention of qualified employees
- Maintenance of equipment, buildings, & grounds
- Proper application of rules and regulations
- Warn patients of known risks
Respondent superior is based on the principle that an employer is liable for a tort an employee
commits within the scope of employment.
- True or False - ✔✔True
The concept of captain of the ship can sometimes be used to counter an
independent contractor defense
- True or False - ✔✔False
- Apparent agency or agency by estoppel
WITH ANSWERS VERIFIED 100%
CORRECT
What is Respondeat Superior? - ✔✔Vicarious Liability
- An employer is liable for a tort (civil wrong that causes injury or harm to patient) an
employee commits within the scope of employment
- Encourages employers to have processes in place to prevent acts that lead to torts
What is liability based on? - ✔✔- Was a tort committed?
- Was the person who committed the tort an agent or employee of defendant?
- Was the tort committed within the scope of the agent or employee's duties?
What is Independant Contractor? - ✔✔A principle affecting liability
Employers are usually responsible for the negligence of independent contractors (I.C) and
the I.C. has no control over their actions. An employment relationship is present.
- True or False - ✔✔False
- The employers are not responsible
- The I.C. has sole control over their actions
- No employment relationship
Are independent contractors more or less viable then 50 years ago? - ✔✔Less viable
Hospitals are expected to maintain quality, and they often are held liable even when
the physician is an independent contractor
- True or False - ✔✔True
, What are some factors that prompt courts to see an employment-like relationship where none
would have been found before? - ✔✔- A large amount of patient's doesn't select their
physician: Rather the hospital, the employer, designates the doctors
- More doctors are now employed by hospitals
- Medical practices are more institutionalized
What is the Doctrine of Corporate Liability? - ✔✔Holds health-care facilities, such
as hospitals, nursing homes and medical clinics, responsible for the well-being of
patients
According to the Doctrine of Corporate Liability, who would be considered negligent?
- ✔✔The hospital
- Hospital owes a legal duty to patients
What are some duties owed by the hospital according to the Doctrine of Corporate Liability? -
✔✔- Selection & retention of qualified employees
- Maintenance of equipment, buildings, & grounds
- Proper application of rules and regulations
- Warn patients of known risks
Respondent superior is based on the principle that an employer is liable for a tort an employee
commits within the scope of employment.
- True or False - ✔✔True
The concept of captain of the ship can sometimes be used to counter an
independent contractor defense
- True or False - ✔✔False
- Apparent agency or agency by estoppel
