By now you should have a basic understanding of vicarious liability as it relates to employee negligent conduct, and corporate negligence. There are instances when an organization or corporation engages in conduct deemed illegal (ENRON is an example outside of healthcare). After reviewing the background material, conduct research and respond to the questions using one or two examples.
Distinguish between corporate criminal liability and vicarious liability resulting from negligence of a health care organization's employee. In other words what are the legal elements of criminal versus negligent liability for the organization resulting from employee conduct?
Define and discuss apparent agency and the impact the status of the agent/employee versus independent contractor have on the analysis of liability.
The main points that I will respond to in your assignment request are a description of corporate criminal liability, as you have already a basic understanding of vicarious liability, and criminal versus negligent liability.
I. Corporate Criminal Liability: Liability that a corporation has for any criminal act done by employees or officers of the corporation who act within the scope of their employment with the intent to benefit the corporation.
This is tort law incorporated into criminal law. It is an expansion of respondeat superior. Federal law states that corporations are liable for the actions of its officers and employees who act within the scope of their employment. Discussions of corporate criminal liability are included in the Model Penal Code Section 2.07. Additionally, corporate officers are still criminally liable if they failed to control their employees misconduct or to discover or correct such misconduct.
Corporate officers criminally liable even if they were not personally involved and even if they were unaware of the conduct.
Additional Notes: http://en.wikipedia.org/wiki/Model_Penal_Code
1. "Respondeat superior" (Latin: "let the master answer"; plural: respondeant superiores) is a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment. This rule is also called the "Master-Servant Rule", recognized in both common law and civil law jurisdictions.
2. The Model Penal Code (MPC) is a statutory text which was developed by the American Law Institute (ALI) in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist ...
Contrast corporate criminal liablity and vicarious liablity.