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As a growing number of nurses become employees of a group practice, hospital health maintenance organization (HMO), retail clinic, or other type of health care system, increasing numbers of third-party employers will be held responsible for the actions of their employees. In this article, the personal liability of an employee, such as a nurse, will be distinguished from that of the employer, such as a hospital entity or physician. Included will be a discussion of liability, three types of vicarious liability, and the application of liability to the relationship between the nurse and his or her employer or supervisor.
Legal Terms
Liability refers to the responsibility of one person or entity to another person or entity. Black's Law Dictionary (Garner, 2009) defines liability as, "The quality or state of being legally obligated or accountable; legal responsibility to another or to society, enforceable by civil remedy or criminal punishment" (p. 926). Liability is personal in that an individual is responsible for his or her actions. This doctrine is the basis for medical malpractice claims (Prosser, Wade, Schwartz, Kelly, & Partlett, 2010).
With strict liability there is responsibility for damage or harm without having to prove fault (Garner, 2009). A classic example of strict liability is an injury by a wild animal that is kept as a pet, such as a boa constrictor or tame lion. Regardless of how well trained or behaved, wild animals are known to revert to their wild tendencies. Thus the owner is held strictly liable for any injury or harm caused by his or her wild animal, regardless of intent or fault. Another example is the use of explosives or fireworks in a populated area. Even though the owner/operator of the explosives or fireworks takes every safety precaution, he or she is held strictly liable for any injuries or damage to property because explosives are inherently dangerous. Strict liability also applies to a hospital using explosive gases such as oxygen. Finally, a hospital that hires a nurse, who is later found to be without a license to practice, may be held strictly liable for negligent hiring.
Vicarious liability refers to the responsibility or accountability of one person or entity for the actions of another. Black's Law Dictionary (Garner, 2009) defines vicarious liability...