Page 26 - APP Collaboration - Assessing the Risk (Part One)

SVMIC Advanced Practice Provider Collaboration: Assessing the Risk

Vicarious Liability: Vicarious liability is the liability that

a supervisory party (such as an employer) bears for the
actionable conduct of a subordinate or associate (such as an

employee) based on the relationship of the two parties. The
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employer may not be directly involved in the acts alleged

for vicarious liability to attach. This allows for liability for a
wrongdoing to be extended beyond the original wrongdoer

to persons who have not committed a wrong, but on whose
behalf the wrongdoers acted.

This provides the plaintiff with additional financially

responsible defendants, who may have greater financial
resources than the original defendant. The working

relationship between physicians and non-physician
providers may determine what liability will be imposed on

physicians for the negligence of non-physician providers
working with them. The employer-employee relationship

is the typical relationship between physicians and non-
physician providers. This relationship forms the basis for

which the physician will be deemed vicariously liable for
the non-physician provider’s negligent acts. When the

negligence of a subordinate is imputed to the physician, the
physician is said to be vicariously liable.
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Negligent Supervision: A claim of negligent supervision
may be advanced when there is inappropriate delegation of

tasks, limited supervision, or inadequate documentation of
supervision. Negligent supervision applies when the non-

physician provider works under a supervising physician.

13 West, Thomson. Business, BLACK’S LAW DICTIONARY 8th ed. 2004.
14 Feld AD, Moses, R. Physician Liability for Medical Errors of Nonphysician Clinicians: Nurse
Practitioners and Physician Assistants, Am J Gastroenterol 2007;102:6–9.

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