Skip to content

Kampf, Schiavone & Associates

909-885-1522
  • About
    • W Roger Kampf
    • Randall S. Schiavone
    • Kathleen L. Butler
    • Sandra Klimaszewski
    • Domenic A. Wager J.D.
    • Diana Martinez
  • Verdicts & Settlements
  • Practice Areas
    • Workers’ Compensation
    • Personal Injury
    • Social Security Disability
    • Medical Malpractice
Menu
  • About
    • W Roger Kampf
    • Randall S. Schiavone
    • Kathleen L. Butler
    • Sandra Klimaszewski
    • Domenic A. Wager J.D.
    • Diana Martinez
  • Verdicts & Settlements
  • Practice Areas
    • Workers’ Compensation
    • Personal Injury
    • Social Security Disability
    • Medical Malpractice
  • Testimonials
  • Articles
  • Blog
  • Contact
    • Locations
  • Español
Menu
  • Testimonials
  • Articles
  • Blog
  • Contact
    • Locations
  • Español
909-885-1522
  • About
  • Verdicts & Settlements
  • Practice Areas
    • Workers’ Compensation
    • Medical Malpractice
    • San Bernardino Personal Injury Lawyer
    • Social Security Disability
  • Testimonials
  • Articles
  • Blog
  • Contact
    • Locations
Menu
  • About
  • Verdicts & Settlements
  • Practice Areas
    • Workers’ Compensation
    • Medical Malpractice
    • San Bernardino Personal Injury Lawyer
    • Social Security Disability
  • Testimonials
  • Articles
  • Blog
  • Contact
    • Locations
cropped-Main-logo.jpg
909-885-1522
  • About
  • Verdicts & Settlements
  • Practice Areas
    • Workers’ Compensation
    • Medical Malpractice
    • San Bernardino Personal Injury Lawyer
    • Social Security Disability
  • Testimonials
  • Articles
  • Blog
  • Contact
    • Locations
Menu
  • About
  • Verdicts & Settlements
  • Practice Areas
    • Workers’ Compensation
    • Medical Malpractice
    • San Bernardino Personal Injury Lawyer
    • Social Security Disability
  • Testimonials
  • Articles
  • Blog
  • Contact
    • Locations

Vicarious liability and how it applies to medical malpractice

Call
Text
Email

Vicarious liability and how it applies to medical malpractice

Medical malpractice cases are somewhat complicated because in many instances, there may be other California parties that can be held liable for medical negligence or error than just the doctor that performed the malpractice. The legal doctrine of vicarious liability often comes into play, and under certain circumstances the hospital where the malpractice occurred may also be held liable for the negligent act.

The Legal Dictionary explains that vicarious liability is a legal doctrine that imputes responsibility for injuries committed by a person to the entity that possesses a specific legal relationship with the person that performed the injury. This doctrine can be applied to relationships between a child and a parent, a spouse and his or her spouse, and an employer and employee. In the case of employers and employees, vicarious liability takes the form of the doctrine of “respondeat superior,” a doctrine that holds that an employee’s negligence occurred as part of the employee’s scope of employment.

Findlaw states that vicarious liability can be a factor when it comes to medical malpractice. In the event the employee of a hospital causes injury to a patient, the hospital could be held liable for the malpractice under the respondeat superior doctrine. In this case, if the hospital employee acted within the regular scope of employment when the malpractice occurred, the hospital can be held responsible.

However, not all malpractice qualifies for a vicarious liability. Some health care providers are not direct employees of a hospital, but are independent contractors. Should a doctor or a medical professional who is also an independent contractor conduct malpractice in a hospital, the hospital is not vicariously liable. However, in some cases where a hospital retains contractors for emergency room or outpatient facility operation, the hospital may still be held vicariously liable.

Facebook
Twitter
LinkedIn

Practice Areas

We Can
Help

Workers
Compensation

Medical
Malpractice

Personal
Injury

Social Security
Disability

$6.1 Million

Product Liability
John D. – Defective Throttle
Learn More

$3.1 Million

Workers' Compensation
Diana C. – Fell on the Job
Learn More

$2.5 Million

Machine Liability
Kim D. – Amputated Fingertips
Learn More

$1.9 Million

Miscellaneous Liability
Don W. – Run Over By Scraper Tractor
Learn More

$1.6 Million

Miscellaneous Liability
Fred R. – Pool Drowning
LEARN MORE

$1.4 Million

Workers' Compensation
James I. – Fall from Height
Get Started

$1.3 Million

Personal Injury
Roger R. – Auto vs. Pedestrian
Get Started

$1.2 Million

Medical Malpractice
J.V. – Failure to Diagnose
Get Started
see all results

Talk to an
Attorney
for FREE

How Can We Help?

By submission, I accept and agreed to KSA’s Disclaimer and Privacy Policy as noted below.
This field is for validation purposes and should be left unchanged.

Kampf, Schiavone & Associates

290 N. D Street, #901
San Bernardino, CA 92401

Office Hours : 8am – 5pm (Monday to Friday)

San bernardino office map
Toll Free:

909-885-1522

Fax:

909-384-0673

Connect with us
Instagram

© 2022 by Kampf, Schiavone & Associates. All rights reserved.

Digital Marketing By:

Disclaimer

Site Map

Privacy Policy