Abstract

The legal theory of holding an orthodontist liable to a patient who is injuredthrough the negligent act of another is described. The transfer of liability from an employee to the employer under the legal doctrine of respondeat superior is presented. The transfer of liability for referrals, having its basis in the legal doctrine of vicarious liability is likewise discussed. Liability in partnership practice, a major risk in the transfer of liability, is also described in the section. Finally, various dental organizational entities, such as the Professional Corporation or Association and the Limited Liability Company, are discussed with regard to their effectiveness in avoiding the transfer of liability.

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