Vicarious liability – it’s a risky business
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Date
2016
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
South African Dental Association
Abstract
General dental practitioners often envisage that the risks they
have are related to them personally as an individual and to
their own practice and rarely consider that their employees
also affect their risk profile. Most dental practices consist of
a dental team that comprises at a minimum of a receptionist,
a dental assistant and the dentist. Usually, the receptionist
and the dental assistant are employees of the dentist. In
addition, a practice may employ a dental therapist or an oral
hygienist and he or she may function to their own account or
as an employee of the dentist.1 The dentist, as an employer,
can be held responsible for any negligent acts or omissions
that the employee commits while performing duties within
the scope of his or her employment. This responsibility
extends not only to any treatment procedures provided,
but also includes any explanations or verbal instructions
given to patients by employees. This responsibility is termed
“vicarious liability” and it includes all acts or omissions of both
lay and professional staff whether or not the staff member
was acting according to the instructions given. A dentist
must ensure that any employee, locum, or independent
contractor working for the practice, who themselves may
have a high level of clinical autonomy, has indemnity in their
own right. In addition, partners can individually or jointly be
liable in legal actions brought against the partnership, and
similarly it is essential that each partner and every assistant
is appropriately indemnified or insured.
Description
Keywords
Liability, Risk, Responsibility, Employment
Citation
Naidoo, S. (2016). Vicarious liability – it’s a risky business. South African Dental Journal, 71(3): 135