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Who Pays in a lawsuit
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Liability
Jan Mannino, CRNA, JD
Who can get named in a suit
Who Pays in a lawsuit
DefendantsAnesthesia personnelSurgeonHospital
EmployeesOwners
Corporate entitiesManufacturers and Distributors
Basis of LiabilityDirect participantSupervisory capacityHospital granted privileges
Intentional disregard for safety issues
Vicarious LiabilityAssuming Liability for the acts of others
Laws of AgencyEmployer is responsible (liable) for the acts of its employees
Employer-employee relationship must be “in fact”
Independent contractor status may not be considered an employment situation
Respondent SuperiorBorrowed ServantEmployee may be “borrowe
d” for purposes of liability
Captain of the Ship DoctrinePennsylvania CaseCharitable ImmunitySurgeon sued because hospital could not be sued
Current PracticeCaptain of the ship has been eliminated in most states
Technical advances in medical practice
Shared liability in some instancesSurgeons found liable for ASSISTING CRNAs with the anesthesia
Not an automatic liabilitySame liability as working with an MDA