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Law
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Legal Aspects of Healthcare Module 3 SLP. Vicarious Liability

Essay Instructions:

For your Session Long project, you will be performing a case study analysis. The case was first discussed in module 1 SLP. The case you are using is the Robert Courtney case. Here is one link but there are several others you can use: http://www(dot)highbeam(dot)com/doc/1P1-54775380.html#mlt.
The analysis will be divided into five parts, one part for each module.
The framework for the Session Long Project and for generally conducting the case study:
Module 1 - Criminal Law/Contract Law
Module 2 - Tort Law
Module 3 - Vicarious Liability
Module 4 - Role of Allied Health Professionals
Module 5 - Patient Consent/Patient Rights and Responsibilities/End of Life
*MODULE 3 ASSIGNMENT:*
For this Module you will need to complete the following tasks. This section will be added to the end of your Module 2 submission.
Identify and discuss the concept of vicarious liability.
Based upon your research and assessment of the case, is there sufficient evidence to suggest that this concept can be substantiated in this case? Explain why or why not?
In this case, what organizational parties could be held liable and why?
Are there any grounds to find the patients liable?
*SLP Assignment Expectations*
Length: SLP assignments should be at least 2 to 3 pages in length, double-spaced.
References: At least two references should be included from academic sources (e.g. peer-reviewed journal articles). Required readings are included. As much as possible use your own words and build on the ideas of others. When material is copied verbatim from external sources, it MUST be enclosed in quotes. The references should be cited within the text and also listed at the end of the assignment in the References section (preferably in APA format).
Organization: Subheadings should be used to organize your paper according to question
Format: APA format is recommended (but not required) for this assignment. See Syllabus page for more information on APA format.

Essay Sample Content Preview:

Title: Vicarious Liability
Subject
Learner’s name
Affiliated institute
Introduction
In day to day life, there are actions/activities that are considered to be against the law. Under ordinary circumstances, when a person has an age defined in the state legal documents as the adult age, he/she is treated as independent and responsible for his/her actions. For instance, if an adult sibling is involved in a crime, his/her parents or next of kin cannot be held responsible for the actions. However, a scenario arises in which actions of a person can lead to another person been held responsible. In such scenarios, the person who is held liable for another person’s actions is considered to have a special relationship with the action doer. Such scenario is termed as vicarious liability.
As explained by Paula Giliker (2010) in her book "Vicarious Liability in Tort," Vicarious liability doesn’t represent a tort as may be perceived by many, but a rule of responsibility whereby the defendant can be rendered liable for the offenses committed by another person. In this case for instance, offences committed by an employee can render employer liable, not for his own actions but the actions of the tort feasor.
Concept of vicarious liability
Vicarious liability operates on the concept that, the person held responsible for the actions of the tort feasor played a role in the actions. It claims that, the persons have a special relationship (e.g. Parent – Son relationship) and therefore, the defendant could have used his/her authority over the tort feasor to prevent to law violation. For instance, if a parent allowed a son drive out a car which later committed a crime, the parent can be held liable.
Robert Courtney’s case
In this case, Robert Courtney who was the owner of a pharmacy was found to have been diluting the medication prescribed ...
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