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The Law and Healthcare Adm

In: Business and Management

Submitted By mzmelva
Words 1543
Pages 7
1. Identify and explain at least three legal considerations.
Three legal concepts that could be considered in this case are the doctrine of apparent agency, the captain-of-the-ship doctrine, and the doctrine of corporate liability. Under the doctrine of apparent agency, the nurses and other staff that remained on duty acted on behalf of the hospital because they were agents or employees at the time of snow storm. The day shift staff that remained on duty and nurse who agreed to come in assumed the role of agents that were authorized to act on behalf of the hospital. I am the C.E.O. of the hospital, and even though I am on vacation, my duties are still the same as they always are. It is my responsibility to make that the hospital is properly staff in the event of an emergency or the event of inclement weather. This is my duty whether I specifically carry out this duty or I assigned someone else to do so. It is also my duty to make sure that the staff carries out the duty of care to the patients at the hospital. Therefore, under the doctrine of apparent agency, I can be liable for the actions of those agents or employees working at the time of the incident. Under the rule, the principal, me the C.E.O., is bound by the acts of my agents with the apparent authority which I knowingly permit the agents to assume, or which I hold the agents out to the public as possessing. “Agency may be express, or implied from the acts of the principal, from his silence or lack of action, or his failure to repudiate the agency, knowing that another person is acting on his behalf without authority.” (Pulido & Attnys., 2011)
The captain-of-the-ship doctrine can be used in a case of vicarious liability or respondeat superior. In the case of what happened during the snow storm, I, as the C.E.O., would considered the captain of the hospital or the principal in control of the...

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