Question

In October 2010, Sanchez underwent spinal fusion surgery at Hapless Hospital. Shewas recovering in the ICU when she alleges that Njoh and DeJesus, a registered nurse and a certified nurse's assistant, entered her room and made unwanted sexual advances toward her. Sanchez alleges that one of the men undressed her and exposed her body for the other to see. She claims that they turned her over using their hands instead of a turning pad and, while they were moving her from the bed to a chair in her room, they danced with her. Sanchez alleges that during these physical contacts, Njoh and DeJesus were making sexual overtures and comments and that the improper conduct continued until she was discharged from the hospital a few days later.

If the nurse and CNA were hospital employees, then patient has potentially validclaims against the hospital for this conduct under a theory of:

EMTALA

Ostensible Agency

Vicarious liability

HCQIA

Answer 1

Vicarious liability

It is a form of a secondary liability that arise under the common law. An example is practical relationship between an employer and employee. The employers are vicariously liable for acts or omissions of employers in the course of employment.