In this quarterly column, these medical and legal experts and educators present a case-based discussion and provide clear teaching points and takeaways for your practice.
Joseph S. Sanfilippo, MD, MBA Professor, Department of Obstetrics, Gynecology, and Reproductive Sciences, University of Pittsburgh, and Director, Reproductive Endocrinology & Infertility at Magee-Womens Hospital, Pittsburgh, Pennsylvania. He also serves on the OBG Management Board of Editors.
Steven R. Smith, JD Professor of Law and Dean Emeritus at California Western School of Law, San Diego, California.
Shirley M. Pruitt, BSN, JD Partner in the firm of Yates, McLamb & Weyher, LLP, in Raleigh, North Carolina. She is an OBG Management Contributing Editor.
Disclosures Dr. Sanfilippo reports being on the advisory board for Bayer Healthcare Pharmaceuticals and Smith and Nephew. Mr. Smith reports no financial relationships relevant to this article.
When a colleague is out of line
As a side note, this vicarious liability does not just apply to medical centers. Physicians have agents in their offices (employees: nurses, interns, and even volunteers). Your medical practice is likely responsible for the actions of your staff members via the concept of vicarious liability.
In hospitals, it is common for physicians to have staff privileges without being employees. Would this case have a different result if the physician had staff privileges but was not an employee? Another good question. We are going to look at that in the next installment—and the answer has significant implications for physicians and nurses as well as for medical facilities.
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