You are on page 1of 1

1.

DOCTRINE OF VICARIOUS LIABILITY (Doctrine of Imputed negligence


or command responsibility)
1.1. OSTENSIBLE/APPARENT AGENCY
While a person may be designated an independent contractor
in relation to the person hiring them, an agency relationship
may result in certain circumstances.
Apparent authority results from a manifestation by the
principal to a third person that another is his agent. The
manifestation may be made directly to the third person or to
the community at large by signs or advertising. But, "apparent
authority exists only to the extent that it is reasonable for the
third person dealing with the agent to believe the agent is
authorized."
1.2. Borrowed Servant Doctrine
A principle under which the party usually liable for a persons
actionse.g., a hospital which has employed a particular
nurseis absolved of responsibility when that 'borrowed
servant' is asked to do somethinge.g., by a surgeonwhich
is outside of the bounds of hospital policy
1.3. Captain of the Ship Doctrine
An adaptation from the 'borrowed servant rules', as applied to
an
operating
room,
which
arose
in McConnell v Williams,holding the person in chargeeg, a
surgeon responsible for all under his supervision, regardless
of whether the 'captain' is directly responsible for an alleged
error or act of alleged negligence, and despite the assistants'
positions as hospital employees.
-

2.

DOCTRINE OF RES IPSA LOQUITOR (Common Knowledge Doctrine)


2.1. Doctrine of common knowledge
it was intended to apply in situations where the carelessness
of the defendant is readily apparent to anyone of average
intelligence and ordinary experience.

3.

Doctrine of Contributory Negligence.


a doctrine of common law that if a person was injured in part due
to his/her own negligence (his/her negligence "contributed" to the
accident), the injured party would not be entitled to collect any
damages (money) from another party who supposedly caused the
accident. Under this rule, a badly injured person who was only
slightly negligent could not win in court against a very negligent
defendant.

DOCTRINE OF FORESEEABILITY

DOCTRINE OF CONTINUING NEGLIGENCE

The responsibility of a person, who is negligent, for the wrongful conduct


or negligence of another.

Contemplates of an unfailing duty of a defendant RN to appraise, make


necessary investigation or examination of his patients injury with
reasonable care and skill, failure of whom constitutes a continuing act of
negligence.

FELLOW SERVANT

If a servant is injured on account of the negligence of his servant, the


master cannot be held liable.

RESCUE DOCTRINE

Provides that a person who goes to the rescue of a victim in an accident


is injured, the original wrongdoer must be held liable for such injury.

DOCTRINE OF RES IPSA LOQUITOR

The thing speaks for itself.

E.g. objects left in a patients body, injury to a healthy part of the body,
removal of the wrong part of the body, teeth dropped down the windpipe,
burns, disability resulting from injection of drugs to the body, infection
resulting from unsterilized instruments, fracture on a newly-delivered
baby born by breech presentation, IM injections which resulted to leg
paralysis.

GOOD SAMARITAN LAW

A nurse who renders first aid or treatment at the scene of an emergency


and who does so within the standard of care, acting in good faith, is
relieved of the consequences

DOCTRINE OF FORCE MAJEURE

No person shall be responsible for those events which cannot be


foreseen and are inevitable, such as floods, fire earthquakes, and
accidents.

However habitual tardiness due to heavy traffic is not considered an


excuse for force majeure.

IMPUTED NEGLIGENCE OR COMMON RESPONSIBILITIES

It contemplates of a condition of foreseeability wherein a duty of care,


skill and training to all persons who are foreseeably endangered by his
conduct, with respect to the risks which make the conduct unreasonably
dangerous.

CONTRIBUTORY NEGLIGENCE

DOCTRINE OF RESPONDEAT SUPERIOR

Let the master answer for the acts of the subordinates.

This applies only to actions performed by the employee within the scope
of the employment.

Private duty nurses, however, are considered independent contractors.


They are liable for their own negligent actions.

Careless act or omission on the part of the complaining party which,


concerning with the defendants negligence, is the proximate cause of
injury.

ASSUMPTION OF RISK

When one assumes voluntary risk of injury from a known danger, then
he is barred from recovery; that person who asserts and was injured is
not regarded injured.

LAST CLEAR CHANCE

Implies thought, appreciation, mental direction and lapse of sufficient


time to effectively act upon impulse to save the life or prevent injury to
another.