Vicarious liability in medical practice means a hospital is liable for negligence by:

• A An independent consultant who brings his own team and works autonomously at the hospital
• B A visiting professor who provides an honorary second opinion without payment
• C A medical student on attachment who is not yet registered
• D A salaried employed doctor acting within the scope of his employment ✓

Explanation

Vicarious liability (respondeat superior — 'let the master answer') holds an employer responsible for a tortious act committed by an employee acting within the course and scope of employment. A salaried employed doctor is clearly in an employer–employee relationship, so the hospital is vicariously liable for his or her negligence. An independent consultant with full clinical autonomy who merely rents the hospital's facilities is typically not subject to vicarious liability unless the hospital exercised control. The medical student and honorary professor cases are complex and fact-specific.

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

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Written and medically reviewed by the StethoPrep medical team.