Hsa 515 Law and Health

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Assignment 1: Law and Healthcare

HSA515 Health Care Policy, Law and Ethics

Dr. Harold Griffin

January 22, 2012

Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case

The first element that a plaintiff must prove is that the defendant owed him or her legal duty of care. Generally, this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not place them in situations of undue risk of harm. Proving this element will largely depend on the facts of the situation. After the plaintiff has proved that a legal duty of care existed, he or she must then prove that this duty was breached. Generally, courts
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Explain the principle of “vicarious liability” (respondeat superior).

Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or the responsibility of any third party that had the ability or duty to control the activities of a violator. Employers are vicariously liable for the torts of their employees that are committed during the course of employment. Employers will only be liable for the torts of their employees. They will not usually be liable for the torts of their independent contractors. It is therefore necessary to establish the status of the tortfeasor (Law Teacher 2012).

Three questions must be asked in order to establish liability:

• Was a tort committed?

• Was the tortfeasor an employee?

• Was the employee acting in the course of employment when the tort was committed?

Explain why a corporation is considered an “artificial person” under the law. Courts use a legal fiction of treating corporations as artificial persons in order to allow the law to apply to corporations as a whole. This concept actually began with ancient Rome, where a business was considered to be a single, non-human body made up of many people. In the United States, being treated as an artificial person means that corporations have many of the same duties, responsibilities and protections as

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