The hospital has been sued for the actions of a nurse employee. The hospital proves that the nurse was not providing care within the scope of employment as a nurse. Can the hospital still hold liability in this case?

Question

Quizplus · Accepted Answer

Rationale 1: The hospital may be found negligent in hiring and firing if it can be proved that the nurse was incompetent and that the hospital did or should have known it.
Rationale 2: The doctrine of ostensible authority is not pertinent to this case as the nurse was an employee, not an independent contractor.
Rationale 3: The hospital is not automatically liable for all of the actions of its employees.
Rationale 4: If the hospital had no reason to believe that the nurse was incompetent, the nurse could stand to hold 100% of the liability in a case.

The Hospital Has Been Sued for the Actions of a Nurse