Legal Aspects of Health Care Module

This module provided some insight into the doctrines of vicarious and corporate liability. These are both just as serious as employee negligence. In fact, in most cases, the organization is named with along side the employee in a negligence lawsuit. This is not a new phenomenon as highlighted in the case “Norton v. Argonaut Insurance Co.” These events occurred in 1959. For this assignment, please read the case and appeal (http://www.leagle.com.) After reading the case, please answer the following questions:

  1. Briefly discuss the terms vicarious liability and corporate liability.
  2. Identify the various mistakes in the case and indicate which type of liability might result.
  3. As the facility administrator, chief of staff, or chief of nursing, what steps would you take to prevent this from happening again?
  4. This case happened over 50 years ago. What safeguards are in place today to prevent these types of mistakes?
  5. What does pretermitting mean? Does it apply to this case?

Assignment Expectations

  • Be sure to apply critical thinking skills from your analysis of the current literature on the above topics;
  • Limit your paper to 3 pages (double-spaced, 10-12 point font), not including title page and list of references;
  • Please use at least 3-5 scholarly sources. Please be sure to properly cite all references both within the text (at the end of paraphrased paragraphs) and at the end of your paper. I will grade your paper on your ability to address the assignment criteria listed above with depth and breadth of discussion. I will also critique your writing format (i.e., proper reference citations, spacing, etc.).

Your paper will be evaluated based on the rubric criteria.

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