Respondeat Superior

North Carolina medical malpractice lawyers at James Scott Farrin may be able to help you understand the legal doctrine known as "respondeat superior." Several types of health care professionals may commit medical malpractice: nurses, diagnosticians, emergency responders, surgeons, physicians, counselors, and other staff of the medical office, hospital, or facility where a patient receives care.

The legal doctrine that pertains to North Carolina Medical malpractice liability is known as "respondeat superior". This doctrine helps protect medical malpractice victims because it holds that the employer of the health care professional, such as a hospital or clinic, can be liable for negligence committed by its employees if the negligence happened within the normal scope of their employment. "Respondeat superior" helps insure there will be a financially responsible party to compensate an injured person.

The doctrine of respondeat superior may not apply in some medical malpractice cases where the medical professional in question is not directly employed by the facility where the negligence took place. This is common in hospitals where attending physicians who operate separate offices conduct surgery or other treatment inside a hospital. In these cases, the surgeons, doctors, and other health care workers involved may be considered independent contractors rather than employees. The hospital might still be liable for negligence if it did not adequately ensure that the health care workers were licensed or had the necessary competence to perform the treatment in question. A personal injury lawyer familiar with these and other medical malpractice issues involved in your case can help sort out these matters.