Medicolegal aspects of sex reassignment surgery in Tennessee.
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Biomedical subjects
Publications and source records attributed to Judith J Regan.
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The legal concept of vicarious liability and the Doctrine of Respondeat Superior occurs when the servant (employee) commits a tort or civil wrong within the scope of employment and the master (employer) is held liable although the master may have done nothing wrong. In this article, legal cases are presented to emphasize the importance of these issues, which frequently involve physician extenders and physicians as employers in our current health care climate. Physicians need to be aware of this doctrine in the supervision of their staff and their day-to-day medical practice.
Since the fifth century BC, physicians have sworn to uphold the Hippocratic Oath that includes the statement, "Whatever, in connection with my professional service, ... I see or hear, in the life of men, which ought not be spoken abroad, I will not divulge, as reckoning that all such should be kept secret." However, health care and provider responsibility have evolved so as to make this more difficult for physicians to uphold. We discuss growing issues surrounding health care providers' ability to maintain patient confidentiality and to perform their responsibilities, and their "duty to warn and/or protect" third parties. Particular Tennessee cases heard on appeal show a change in the health care enviromnent relative to provider liability to third parties.