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The So Often Misunderstood Respondeat Superior Doctrine
Is the Doctor Responsible for the Medical Assistant?
We have heard it said over and over: "Medical assistants work under the umbrella of the doctor, so if something
goes wrong it is the doctor that will be held responsible." This is not entirely true! Medical assistants are just
as responsible for their own actions, as is the doctor who hired them. But first, let's define the doctrine of
respondeat superior.
Definition of Respondeat Superior
Respondeat superior is a legal term that stands for "let the master answer". It is a long
established doctrine that applies when a master acts through the servant to accomplish a specific task. What this
means is that under specific circumstances, an employer (let's say the doctor) is legally liable for the actions of
his or her employees (servants) while in the course of their employment. The actions of the servant are imputed to
the master.
In Other Words: If a medical assistant acts negligently carrying out her duties
in the medical office while under the supervision of the doctor, she is directly responsible for her work, while
the master, i.e. the doctor, is vicariously liable for the medical assistant's actions. If someone
gets hurt both could wind up getting sued: the medical assistant, AND the doctor.
In the Caser of Negligence
Medical assistants play an important role in discouraging complaints, negligence claims, and law suits. The
top reason why patients may allege negligence is not trusting the doctor, and/or the facility's staff. Good medical
assistants will alway keep in mind that their conduct and appearance reflects directly on the doctor and the
business. More often than not, maintaining good rapport with the patients is the first step in preventing
dissatisfaction and complaints.
Medical Malpractice
Medical malpractice is a very serious offense because
of the breach of trust in the patient/doctor relationship, and its severe consequences to the victim's life.
Doctors, nurses, paramedical, and allied health care professionals are expected to do everything they can to
restore health and promote healing, not to cause harm.
In the unfortunate event that a patient does threaten legal action against a doctor, or member of
the medical office staff, the medical assistant should immediately look into the possibility of bringing the case
before an arbitrator to try and settle the case out of court. Arbitration is a final, and binding resolution of a
dispute by a person that is neutral, or a panel of several impartial arbitrators.
To find out about how to initiate an arbitration procedure they can contact their city's or state's
medical society. Here is a link to medical malpractice arbitration info.
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