Law for Business 12th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 5

Lisa M. visited the hospital for an ultrasound examination. After conducting the ordered examination, the technician left the ultrasound room for about 10 minutes to develop the photographic results. On his return, he asked Lisa if she wanted to know the sex of the baby, and she said she did. He told her, falsely, that he would need to scan "much further down," and that it would be uncomfortable. With her cooperation, the technician inserted the ultrasound-generating wand in her vagina. After a while he put down the wand and fondled her with his fingers. While fondling her, the technician explained that he needed to excite her to get a good view of the baby. After discussing the examination with her regular obstetrician, Lisa discovered that the technician's actions were improper. She sued the technician and the hospital. Is the hospital vicariously liable under the theory of respondeat superior?