What is vicarious liability under the doctrine of respondeat superior, and when is a hospital legally responsible for a clinician's actions?

• A. Hospitals are never liable for clinicians' actions.
• B. Vicarious liability only applies to contractors, not employees.
• C. Employers can be liable for employees' negligence performed within scope; hospitals can be liable for clinicians acting within scope.
• D. Hospitals are only liable for intentional misconduct by clinicians.

Answer: (C)

Respondeat superior is the rule that an employer can be held responsible for the negligent acts of its employees when those acts occur within the course and scope of employment and while performing duties for the employer. In a hospital, this means the hospital may be legally liable for a clinician’s negligent care if the clinician was acting within their job duties and within the hospital’s ordinary activities. The hospital isn’t liable for actions clearly outside the scope of employment or for personal misconduct unrelated to patient care. When clinicians are independent contractors, the hospital’s vicarious liability is usually limited, except in cases where the hospital negligently selected or supervised the contractor, or the contract assigns liability to the hospital. So, liability hinges on acting within the scope of employment, making the statement that employers are liable for employees’ negligence within scope, and hospitals are liable for clinicians acting within scope, the best description.