Respondeat Superior Case Study

Is There Any Way That the Therapist’s Handling of the Case is Justifiable Under the ACA Code?

In our situation a complaint was never filed with the company letting us know the employee was unhappy or giving us the opportunity to respond to the situation. Therefore the company was unaware of creating an intolerable working condition for that employee and we did not intentionally do it. The company experienced growth so the production schedule changed for all employees. The

The court held the psychologist responsible for the murder of his girlfriend and for not informing of the intent to harm. I believe Justice Tobriner said it best, “the protective privilege ends where the public peril begins.”

Bodily Injury: No matter what type of motor vehicle accident, it is important for victims to be properly

be described. Jurisdictional requirements for this case as well as the reasons why it was heard at

The Third Circuit reversed and remanded the case for trial. The Third Circuit agreed with the District Court that Suders had presented sufficient evidence for a trial to conclude that the supervisors had engaged in a "pattern of sexual harassment that was persuasive and regular." The appeals court disagreed with the District Court and ruled that a constructive discharge, if proved, constitutes a tangible employment action that renders an employer strictly liable and precludes recourse to the Ellerth/Faragher affirmative defense. The Court of Appeals remanded Suders claim for trial. The United State Supreme Court granted certiorari to resolve the disagreement on the question whether a constructive discharge brought about by supervisor harassment ranks as a tangible employment action and therefore precludes

accepts discriminatory instructions from an employer and carries them out, both parties are liable. An

Video presentation: The video clip was quite interesting I found it to be very educational as to the legal obligations of therapists in the mental health field. There were issues that were brought up that were quite important, such as therapists need to understand confidentiality, privileged information, and a therapists responsibility related to reporting suspected child abuse, elder abuse, and/or suicidal ideations, and possibly the most important of them all is a therapists duty to warn. The first case they were

Dr. Joseph Lifschutz was a practicing psychiatrist in California and sought a “writ of habeas corpus” to be released from custody in the county of San Mateo California. Dr. Lifschutz was found in contempt of court and was arrested for refusing to obey an order of the San Mateo court ordering his release of records relating to him and one of his patients. Dr. Lifscutz did not follow the order because he believed the order from the court was unconstitutional, violating his constitutional right to privacy. Joseph Housek had been a patient of Dr. Lifscutz for around six months. As a result of being assaulted, he sued his assailant. In an attempt to discredit the case, the defense wanted information to try to prove the plaintiff was not competent.

This reading is about a case happened in 1988 and arguments of the case based on different points of view.

Regarding Laura Norberg V. Morris Wynrib, two major points are brought up. Firstly, she was sexually assaulted by her doctor, which falls beneath the tort of battery. Secondly, the notion of ‘’fiduciary obligation’’ is questioned, due to a disagreement of whether or not the relationship between Norberg and Wynrib was considered fiduciary. The court of appeal terminated the case based on the fact that she consented, so the case found it’s way into the Supreme Court. After Norberg was found guilty under the Narcotic Control Act, she actively chose to enter a rehabilitation center, upon being released, she sued the doctor who exploited her vulnerability.

. . . ‘misconduct’ . . . is limited to conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances,

In 1995, a dispute between two men ended in fatality and laid groundwork guaranteeing confidentiality between therapists and patients. During the ensuing trial, the officer inadvertently helped to establish confidentiality rights while fighting to conceal her own medical history. The case bounced through several courts and eventually the highest court in the United States heard the final appeal. The matter was so controversial that it attracted the attention, and involvement, of the American Psychological Association. The resulting verdict strengthened the court’s resolve when hearing cases involving confidentiality rights and also changed how firms and organizations handle employee information and private health related issues.

This is a problem that could occur between the employee and employer, it is a complaint that they could have against each other for something that either of them has done wrong.

Case Study 5 Response After her and her friends were rejected by a popular clique of girls, Stephanie wrote an emotional email to Alison; one of the girls in the clique, asking why she has been publicizing her and her friends imitate secrets as well as spreading rumor about them. Three days ago, Alison decided to forward the email to the whole school. Since then Stephanie has been absent. This situation is an example of indirect and cyber bullying. In order for the teacher to resolve this issue, she must address both the victim’s wellbeing and the perpetrator’s aggressive behavior.