Answer: A - Respondeat superior is a Latin term meaning “let the master answer.” It is a concept that holds an employer responsible for an employee’s actions. It does not completely protect the employee from suit, but allows a patient to sue both the employer and employee.
It is also known sometimes as the Master-Servant Rule. This legal notion is relevant to medical malpractice when it can be proven that the employer or hospital can be held liable for the actions of doctors or employees.
This vicarious liability occurs if the negligence or harm committed by the employee occurred during the scope of their normal and routine work performance. This legal concept is important to plaintiffs in medical malpractice cases because it ensures that there is an institution that can be held financially responsible.
In many hospitals, attending physicians and health care providers are considered to be independent contractors and in these cases, the concept of respondeat superior will not apply. In such cases, the hospital itself can only be held liable if it can be proven that it granted a position of privilege to a physician or employee that was uncertified, unlicensed, or incompetent.
