Respondeat Superior

Respondeat Superior

Case Scenario

A patient had surgery and the nurse-anesthetist administered the anesthesia. The patient subsequently had a myocardial infarction and died while under anesthesia. An investigation concluded that the patient was not receiving the needed amount of oxygen and the nurse-anesthetist missed the changes in the vital signs until the patient was close to cardiac arrest. The surgeon initially had assisted in positioning the patient and had helped to administer some of the initial anesthetic (Regan & Regan, 2002).

Case Analysis

When it comes to the legal concept of Respondeat Superior's doctrine, it is said to occur when the employee is said to commit a crime in terms of breaking the law of the organization amidst the scope of the employment. The employer is said to be held accountable even though it is not the fault of the employer. When it comes to the surgeon, the surgeon is said to be responsible considering the fact that it was under the supervision of the surgeon that the nurse made a blunder and killed the patient who otherwise would have survived. Physicians should be aware of this doctrine and at the same time should also be aware of the kind of consequences that the physician can come across when it comes to hiring nurses and medical practice that takes place in day to day basis (Regan & Regan, 2002).

Malpractice can be termed as the failure of the professionals to provide professional service when required and that to in a responsible and ethical manner. Physicians should ensure the fact that there is not injury induced not a loss or damage when it comes to handling the patient since doing so will result in breach of the contract of the service. Other professionals such as lawyers and accountants can be charged when it comes ...