As a Doctor, Are you Legally liable for mistakes by your junior/support staff?

As a Doctor, Are you Legally liable for mistakes by your junior/support staff?

[1] In most cases, the answer is YES.
This is due to the principle of Vicarious Liability.

[2] Vicarious liability is a legal principle that holds one person responsible for the actions or omissions of another person. Its a general legal principle that applies to all professions, & establishments and is not restricted to the medical field.

[3] In the context of medical negligence, this principle can apply to healthcare providers, such as hospitals or clinics, who may be held liable for the mistakes of their employees, such as doctors or nurses.

[4] It can also apply to consultants being responsible for the actions of post graduates, residents, fellows and members of the surgical team.

[5] This principle exists because the employer is seen as having control over the actions of the employee and, therefore, is responsible for ensuring that the patient is provided with a reasonable standard of care.

[6] Does this mean that the junior is absolved of any liability and punishment?
No. This does not make the person doing the act any less liable if it was found to be a negligent act.

[7] Is it a All-or-none kind of liability?
Again,No. The exact liability would have to be decided on a case to case basis. It would depend on the involvement, knowledge of the action, competency of the individuals etc.

[8] The principle need not apply to every situation though. Actions unrelated to their professional duty or job, and decisions made entirely against the set protocol would be situations where vicarious liability would not apply?

[9] Does the Senior have a defence in a court of law against this?
Yes. If you can demonstrate that all measures were undertaken from your end to prevent such an incident, and rectify such incident at earliest if occurred, would be good defence to safeguard you to some extent.

[10] Should Vicarious Liability even exist? Get my personal view on:
https://lnkd.in/gATfwMH5

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