{"id":353185,"date":"2016-04-04T10:46:39","date_gmt":"2016-04-04T15:46:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/medical-malpractice\/vicarious-liability.html"},"modified":"2025-12-03T15:02:58","modified_gmt":"2025-12-03T20:02:58","slug":"vicarious-liability","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/medical-malpractice\/vicarious-liability.html","title":{"rendered":"Vicarious Liability for Medical Malpractice Claims"},"content":{"rendered":"\n
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Vicarious Liability for Medical Malpractice Claims<\/h1>\n\n
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\n By Hanan Zaki, J.D., LL.M.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

An injured patient can sue their doctor or another medical provider for making a serious mistake. Under vicarious liability, the provider’s employer might also be legally responsible for medical malpractice. In that case, the patient can also sue the health care entity, such as a hospital.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Sometimes, it is easy to know who caused an injury. If a surgeon makes a mistake, such as operating on the wrong body part, the surgeon is liable for the patient’s injury.<\/p>\n

In other cases, it can be hard to figure out which medical professional is liable for a patient’s personal injury. What happens if multiple medical professionals could have contributed to the cause of injury? Could both the hospital and the treating physician be liable?\u00a0<\/p>\n

In many medical malpractice cases, questions of fault are common. An experienced medical malpractice lawyer<\/a> can examine liability and provide answers about your case.<\/p>\n

This article covers the basics of employer liability for harm caused by employees. This legal doctrine is called respondeat superior<\/a>\u00a0or\u00a0vicarious liability<\/a>.<\/p>\n

Liability Challenges in Medical Malpractice Lawsuits<\/h2>\n

Identifying the correct defendant is a key part of filing a medical malpractice claim. But medical conditions and treatments are complex. Negligence laws also add to this complexity. You need to understand what caused your injury and which party is legally responsible for the damages.<\/p>\n

Imagine if, before surgery, someone gave a patient an incorrect dosage of a prescription medication. The dosage caused the patient to go into cardiac arrest and required them to spend several days in intensive care. As a result, the patient may be vulnerable to future heart issues.<\/p>\n

Who is responsible? It is unclear whether the prescription was incorrect or administered improperly. It is also uncertain who caused the harm. Was it a doctor, a pharmacist, or a nurse? And if all medical professionals are employees of the hospital, who is liable?<\/p>\n

Vicarious Liability Basics<\/h2>\n

Vicarious liability is when someone else is legally responsible for the consequences of a person’s wrongful actions. This tort law<\/a> doctrine often arises when an employee causes an injury to someone while working.<\/p>\n

In vicarious liability claims, a doctor who caused an injury may not be the only defendant in a\u00a0medical malpractice suit<\/a>. Vicarious liability focuses on the employer-employee relationship between the health care business and the health care professional.<\/p>\n

The hospital that employed the medical provider can be vicariously liable for the employee’s negligence under the doctrine of respondeat superior.<\/p>\n

Respondeat Superior<\/h2>\n

Respondeat superior is Latin for “let the master answer.” This legal term holds an employer liable for the\u00a0negligence<\/a>\u00a0of its employees.<\/p>\n

For respondeat superior to apply, the negligent act must have occurred within the employee’s scope of employment. When is an employee acting within the scope of their employment?<\/p>\n

An employer may be vicariously liable for the negligence of an employee when:<\/p>\n