BHM 443 - VICARIOUS LIABILITY

Essay Instructions:

BHM443 - Legal Aspects of Health Care Module 3 - SLP Vicarious Liability For your session-long project, you will be performing a case study analysis. The case was first discussed in module 1 SLP. The case you are using is the Robert Courtney case. Here is one link but there are several others you can use: http://www(dot)highbeam(dot)com/doc/1P1-54775380.html#mlt. The analysis will be divided into five parts, one part for each module. The framework for the Session Long Project and for generally conducting the case study: - Module 1 – Criminal Law/Contract Law - Module 2 – Tort Law - Module 3 - Vicarious Liability - Module 4 - Role of Allied Health Professionals - Module 5 – Patient Consent/Patient Rights and Responsibilities/End of Life MODULE 3 ASSIGNMENT: For this Module you will need to complete the following tasks. This section will be added to the end of your Module 2 submission. 1. Identify and discuss the concept of vicarious liability. 2. Based upon your research and assessment of the case, is there sufficient evidence to suggest that this concept can be substantiated in this case? Explain why or why not? 3. In this case, what organizational parties could be held liable and why? 4. Are there any grounds to find the patients liable? Session Long Project Assignment Expectations Length: SLP assignments should be at least 2 to 3 pages in length, double-spaced. References: At least two references should be included from academic sources (e.g. peer-reviewed journal articles). Required readings are included. As much as possible use your own words and build on the ideas of others. When material is copied verbatim from external sources, it MUST be enclosed in quotes. The references should be cited within the text and also listed at the end of the assignment in the References section (preferably in APA format). Organization: Subheadings should be used to organize your paper according to question Format: APA format is recommended (but not required) for this assignment. See Syllabus page for more information on APA format.

Essay Sample Content Preview:

VICARIOUS LIABILITY
Name
Institution Affiliation
Course
Date of Submission
Vicarious Liability
Dispensing of drugs does not only consider ethical standards but also legal ones. Any pharmacist or medical practitioner must adhere to the set of legal standards of how drugs are to be administered. Moreover, the quality of any drug should always be accounted for. The act of dispensing diluted drugs to cancer patients by Robert Courtney has created a controversial platform that has been a benchmark for legal cases in the field of medicine.He had a negative purpose when he diluted the cancer drugs. His concern was not to treat the cancer patients at all but to manipulate them to purchase his drugs in order for him to make huge profits from sales
Vicarious liability is described as a secondary liability. This encompasses any third party that is involved and was in a position to prevent any action that was taken by a violator. It usually arises under the common law of agency where a superior is answerable to the actions of his/her subordinates. Consider parties 1, 2, and 3. In the event that one party is liable to the torts of another, party 1 can be liable to 3 for the injuries that 3 suffers due to torts committed by party 2. The relationship between 1 and 2 can vary but must show a link and a sense of responsibility of 1 to 2. This can be of an employer to an employee or a principal to an urgent.
In this case, there is sufficient evidence that the concept of vicarious liability can be substantiated.Courtney Pharmacy Inc.was the agent to the manufacturers of Taxol and Gemzar drugs (Chambers, 2011). The pharmaceutical company acted in the capacity of an agent and chief distributor of the drugs. Mr Courtney and his firm...

Updated on January 26, 2024

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