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As an employee, unless you have been criminally negligent, which no PI insurance policies cover anyway, your employer is liable for any of your actions even if you are in fact grossly negligent or acting outside your scope of practice. We challenge anyone to provide evidence to the contrary. As an example, whatever you may think of Dr Patel, and we do not proffer an opinion, the Crown were unable to establish that he had acted criminally. His employer Queensland Health was vicariously liable for all his actions – good, bad or indifferent. We have only cited this case to give some context to the likelihood that any employee nurse should be found to be liable for negligence, either real or invented. However the cost of defence in any legal situation is very real. Even if any court action, which could or would be protracted over two or more years, won’t ultimately succeed, it is no fun if you still have to fork out 10’s of 1,000s of dollars in unrecoverable legal costs to prove it. Membership of NPAQ will protect you.
Vicarious Liability
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© COPYRIGHT 2016 NPAQ | TERMS & CONDITIONS | PRIVACY POLICY

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RELATED TOPICS
As an employee, unless you have been criminally negligent, which no PI insurance policies cover anyway, your employer is liable for any of your actions even if you are in fact grossly negligent or acting outside your scope of practice. We challenge anyone to provide evidence to the contrary. As an example, whatever you may think of Dr Patel, and we do not proffer an opinion, the Crown were unable to establish that he had acted criminally. His employer Queensland Health was vicariously liable for all his actions – good, bad or indifferent. We have only cited this case to give some context to the likelihood that any employee nurse should be found to be liable for negligence, either real or invented. However the cost of defence in any legal situation is very real. Even if any court action, which could or would be protracted over two or more years, won’t ultimately succeed, it is no fun if you still have to fork out 10’s of 1,000s of dollars in unrecoverable legal costs to prove it. Membership of NPAQ will protect you.
Vicarious Liability

© COPYRIGHT 2016 NPAQ | TERMS & CONDITIONS | PRIVACY POLICY

© COPYRIGHT 2016 NPAQ | TERMS & CONDITIONS | PRIVACY POLICY

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