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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.