This topic contains a solution. Click here to go to the answer

Author Question: Respondeat Superior. Justin Jones suffered from genital herpes and sought treatment from Dr. Steven ... (Read 77 times)

bucstennis@aim.com

  • Hero Member
  • *****
  • Posts: 532
Respondeat Superior. Justin Jones suffered from genital herpes and sought treatment from Dr. Steven Baisch of Region West Pediatric Services. A nurse's assistant, Jeni Hallgren, who was a Region West employee, told her friends and some of Jones's friends about Jones's condition. This was a violation of the Region West employee handbook, which required employees to maintain the confidentiality of patients' records. Jones filed a suit in a federal district court against Region West, among others, alleging that Region West should be held liable for its employee's actions on the basis of respondeat superior. On what basis might the court hold that Region West was not liable for Hallgren's acts? Discuss fully.

Question 2

A subagent is an agent of an agent, not an agent of the principal, so owes no duty to the principal, only to the agent.
 a. True
  b. False
  Indicate whether the statement is true or false



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

Andromeda18

  • Sr. Member
  • ****
  • Posts: 336
Answer to Question 1

Respondeat superior
The court found that Hallgren was not acting within the scope of employment when she disclosed Jones's diagnosis. The court pointed out that under the Region West employee handbook, employees, including Hallgren, were not authorized to reveal patients' medical records. The court concluded that thus disclosure of Jones's condition did not occur substantially within the authorized work time and space limits. The court also noted that after learning of the disclosures, Baisch reprimanded Hallgren and warned about further disclosures. Moreover, reasoned the court, it is clear that the unauthorized disclosures    were not actuated in any way by a purpose to serve the employer. The district court granted summary judgment in favor of the defendants, and on Jones's appeal, the U.S. Court of Appeals for the Eighth Circuit upheld the decision.

Answer to Question 2

FALSE




bucstennis@aim.com

  • Member
  • Posts: 532
Reply 2 on: Jun 24, 2018
Wow, this really help


yeungji

  • Member
  • Posts: 319
Reply 3 on: Yesterday
Excellent

 

Did you know?

Multiple sclerosis is a condition wherein the body's nervous system is weakened by an autoimmune reaction that attacks the myelin sheaths of neurons.

Did you know?

The first war in which wide-scale use of anesthetics occurred was the Civil War, and 80% of all wounds were in the extremities.

Did you know?

Atropine, along with scopolamine and hyoscyamine, is found in the Datura stramonium plant, which gives hallucinogenic effects and is also known as locoweed.

Did you know?

The use of salicylates dates back 2,500 years to Hippocrates’s recommendation of willow bark (from which a salicylate is derived) as an aid to the pains of childbirth. However, overdosage of salicylates can harm body fluids, electrolytes, the CNS, the GI tract, the ears, the lungs, the blood, the liver, and the kidneys and cause coma or death.

Did you know?

Nearly all drugs pass into human breast milk. How often a drug is taken influences the amount of drug that will pass into the milk. Medications taken 30 to 60 minutes before breastfeeding are likely to be at peak blood levels when the baby is nursing.

For a complete list of videos, visit our video library