Doctrine Of Res Ipsa Loquitor Case Study

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Question 12. Legal issues that apply to and regulate managed care.
The Doctrine of Res Ipsa Loquitor – negligence can be suggested when there are issues where evidence of negligence or wrongdoing is not present (Thorton). This regulates the managed care since such negligence can be present in any healthcare industry and it is of great importance that the staff will have knowledge to this. There are actually three situations wherein healthcare personnel negligence can be proven without specific conduct. These are the following: 1.That the injury to the patient will not normally happen, however, it may when there is a negligent in the part of the staff. 2. That the injury to the patient was because of an agency which the defendant is control
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The relationship between the employer and the employee is legal and called the agency. The employer is the principal and the employee is the agent and therefore in respondent superior, the principal has a control over the agent’s work behavior and the principal must have a sense of responsibility to the agent’s actions and behaviors. Aside from this, respondent superior also means ‘let the master answer for the acts and behaviors of the subordinate” (“Respondent Superior”). Thus, when a healthcare staff, perform negligence and injures a client, he remains responsible but when the employer has knowledge about it, then both of them can be liable to the injury of the client. For example, if the hospital will have cross-cutting and in the process will hire under board healthcare staffs and one of the staff is incompetent and caused an added injury to the patient, the hospital will be held liable and therefore can be punishable by law. This doctrine also protects the employees in the healthcare industry since it will be of benefit when the provider defends its own staff and at the…show more content…
The complainant who was been wronged or injured can seek compensation from the one who afflicted his injury. A tort can either be constitutional or personal. A Constitutional tort is in which an individual is not given its rights or immunity which is actually given by the Constitution while a Personal tort is when the reputation of an individual or individuals are injured in an intentional manner and therefore the act is deliberate and unlawful . (“”Tort
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