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Respondeat Superior & Legal Elements That Must be Present

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Scenario:
Respondeat superior is a legal concept that deals with the liability of a health care organization. It states that an employer may be liable for the actions of its employee and, in some cases, for the wrongful acts the employee performed.

Discuss the following:

What 2 legal elements must be present for the employer to be considered liable for an employee's wrongful act(s)?

Give an example of a situation in which an assisted-living facility might be liable for the actions of one of its employees for a wrongful act he or she committed.

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Solution Summary

This solution explains respondeat superior. It gives the two legal elements that must be present for the employer to be considered liable for an employee's wrongful acts and gives examples of cases that might occur in an assisted living facility.
It includes links. This solution is 500 words.

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Respondeat superior is when an employer is held liable for the actions of their employee. The two legal elements that must be present for the employer to be considered liable for an employee's wrongful act are the employee must be determined to be acting within the scope of employment and the action to which was taken was connected with his/her employment.

To be considered acting within the scope of employment would mean that the employee found it necessary to accomplish an assigned task or it might be reasonably expected that an employee would perform the task. Even personal acts like visiting the bathroom, or getting a cup of coffee are considered within the scope of employment even though they do not entail work, according to this link: http://legal-dictionary.thefreedictionary.com/Respondeat+superior. The employer ...

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Sally Baldwin, Ed.D
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  • BA, University of Southern California
  • MSS, United States Sports Academy
  • Ed.D, Boise State University
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