Abstract
BackgroundWhile chiropractic care is most commonly provided within a private practice context, the ‘traditional’ solo practice is now uncommon. Chiropractors, manual therapists and related health professionals commonly work within the same practice bringing obvious advantages to both the practitioners and their patients. However, multi-practitioner, multi-disciplinary clinics also carry often unrecognized liabilities. We refer here to vicarious liability and non-delegable duties. Vicarious liability refers to the strict liability imposed on one person for the negligent acts of another person. The typical example is an employer being held vicariously liable to the negligent acts of an employee. However, vicarious liability can arise outside of the employer-employee relationship. For example, under non-delegable duty provisions, an entity owing a non-delegable duty can be liable for an independent contractor’s wrongdoing.After a plain English explanation of this complex area of law, we provide seven scenarios to demonstrate how vicarious liability can envelop practice principals when things go wrong. We also make suggestions for risk mitigation.ConclusionPractice owners may unexpectedly find themselves legally liable for another’s actions with dire consequences. A knowledge of vicarious liability along with implementing risk mitigation strategies has the potential to minimize the likelihood of this unwanted event. Recommendations are made to this end.
Highlights
While chiropractic care is most commonly provided within a private practice context, the ‘traditional’ solo practice is uncommon
A health care professional (HCP) may find themselves liable for the negligent conduct of another service provider. This is because the relationship between the HCP and the other service provider is one in which the HCP has vicarious liability for harm caused by the actionable conduct of the other or because the HCP breached the HCP’s nondelegable duty of care
With its origins in ancient Rome where masters were vicariously liable for the wrongdoings of their slaves, this maxim is often stated when discussing the liability of employers for the negligent acts of employees in terms of vicarious liability
Summary
This paper has explored the duty of care in negligence and liability for breach of the duty of care in the context of a variety of practice arrangements where vicarious liability and non-delegable duties come into play. We examined the responsibility an employer bears for the negligent actions of employees or contractors. The employer is assumed to have diligently researched their agents’ credentials, licensure, and suitability to provide care. Chiropractic care is most commonly located within a private practice context. This landscape is dynamic and is affected by emerging evidence, changing technology, societal and workplace expectations. The “captain of the ship” may unexpectedly find themself legally responsible for another’s actions with dire financial consequences. This paper provides an overview of this area of law.
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