Index to Chiropractic Literature
Index to Chiropractic Literature
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Saturday, August 13, 2022
Index to Chiropractic LiteratureIndex to Chiropractic LiteratureIndex to Chiropractic Literature
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ID 26785
  Title It’s not my fault although it might be: Chiropractic practice and vicarious liability
URL https://chiromt.biomedcentral.com/articles/10.1186/s12998-021-00379-0
Journal Chiropr & Manual Ther. 2021 ;29(21):1-11
Author(s)
Subject(s)
Peer Review Yes
Publication Type Article
Abstract/Notes

Background: While 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.

Conclusion: Practice 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.

Author keywords:  Duty of care - Negligence - Vicarious liability - Non-delegable duty of care - Chiropractic

Author affiliations: Discipline of Psychology, Exercise Science, Counselling and Chiropractic (PESCC), College of Science, Health, Engineering and Education (SHEE), Murdoch University, Murdoch University, Murdoch, Australia
Corresponding author: JKS—k.simpson@murdoch.edu.au

This abstract is reproduced with the permission of the publisher; click on the above link for free full text.  Online access only. PubMed Record | PDF


 

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