Use your knowledge of what you have learned about the employer/employee or employer/independent contractor dynamic to explain why the traditional rules of vicarious liability/respondeat (common law) superior do not apply in a healthcare delivery setting such as a hospital.
Difference between employer/employee and employer independent contractor dynamic as explained below:
The employee/employer relationship exists depends on the condition if the employer has the "right to control" over the employee. The right of control means the manner or way in which an employee works or performs. for eg- in the case of healthcare claims, the focus is on whether the employer has the right to control the way employee/worker diagnosis or treats his patient.
If there is no "right to control" exist between the employer and the employee, then we call it as employer and independent contractor dynamic. Independent contractors are also known as freelancers and they have their independent business. They are hired by the companies to perform specific tasks and are paid accordingly. They can be hired for a number of weeks, months or years. It totally depends upon the requirement of the company. They have complete control over the method and ways they work, the employer does not have the right to interfere in their manner of working.
Traditional rules of vicarious liability/respondeat (common law) superior do not apply in a healthcare delivery setting such as a hospital because of the following reasons:
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Use your knowledge of what you have learned about the employer/employee or employer/independent contractor dynamic to...
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