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Introduction
There have been numerous attempts to determine the most appropriate connection between the actions of medical workers and the responsibility of their employers. Given the remarkable level of responsibility in the sphere, numerous legal issues have proven highly controversial. Therefore, a dedicated analysis is needed that considers various factors to eliminate the current lack of a sophisticated universal framework for addressing the issue.
Discussion
Respondeat superior is a complex doctrine that implies the responsibility of a health organization for the actions of its employees. Corporate liability, at the same time, is a concept that helps determine the scope of such responsibility and liability. Independent contractor, meanwhile, is a term used for people who are not official company employees, which significantly decreases the volume of legal interconnectedness, including liability. Oliva et al. (2020) claim that hospitals in Italy used to be held liable for the actions of numerous employees. At the same time, the authors pinpoint that there have been dramatic changes in the attitude towards the phenomenon since the beginning of the COVID-19 pandemic.
The authors of the Italian research claim that specific legal issues may arise due to the diminished quality of services under certain circumstances related to the redeployment of resources for the measures addressing COVID-19.
Conclusion
Therefore, it is crucial to apply Supreme Court rulings that consider medical workers performing duties under extraordinary circumstances liable only if the misconduct is intentional. I agree that corporate liability should be enforced frequently under normal circumstances but should be curtailed in times of crisis. I firmly believe that the introduction of state compensation programs and encouraging expert witnesses can substantially enhance the quality of decisions in each legal issue.
Reference
Oliva, A., Caputo, M., Grassi, S., Vetrugno, G., Marazza, M., Ponzanelli, G.,… & Pascali, V. L. (2020). Liability of health care professionals and institutions during COVID-19 pandemic in Italy: Symposium proceedings and position statement. Journal of Patient Safety, 16(4), e299.
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