Legal Doctrines
DOCTRINE OF PERSONAL LIABILITY
If there is one rule that every radiographer should know and clearly understand, it is the fundamental rule of law that every person is liable for his/her negligent conduct. This is known as the "Doctrine of Personal Liability". This means that even though someone else may be sued and held liable under another rule of law, it does not negate one's own responsibility.
DOCTRINE OF RESPONDEAT SUPERIOR
The "Doctrine of Respondeat Superior" (let the master answer or respond) is a legal doctrine that holds an employer liable for negligent acts of employees that occur while they are carrying out his/her orders or otherwise serving his/her interests. The Doctrine of Respondeat Superior applies only when there is an employee/employer relationship and only with respect to negligent acts committed within the scope of that employment. The theory behind the doctrine is that one who is an employer should be held legally responsible for the conduct of those employees whose actions he is obligated to direct or control. Often the critical test in determining liability is who had control over the employee?
DOCTRINE OF BORROWED SERVANT
The "Doctrine of borrowed Servant" can be applied to a radiographer who is performing radiographic procedures under the guidance and direction of the radiologist. The radiologist must be involved in the daily performance of radiographers and see to it that they perform their duties properly. The classic example occurs in the operating room, where the surgical personnel, as employees of the hospital, are paid and controlled by the hospital administration. But that same employee is directed and controlled by the surgeon during the operation. Similarly, the courts may envision that a hospital-employed radiographer comes under the control of the radiologists in the department. In a negligence suit against a radiographer, the hospital may attempt to regain compensation for indemnification or loss from the radiology group or radiologist in charge.
DOCTRINE OF RES IPSA LOQUITUR
The "Doctrine of Res Ipsa Loquitur" (the thing speaks for itself), are cases where the procedures begin with the facts of evidence and proceed to establish that these facts would not have been true if there had not been negligence on someone's part. In these cases, the defendant is required to prove his innocence. For example, a pair of forceps has been left in a patient's abdomen after a surgical procedure. That the forceps are in the patient is a provable fact. They were not in the patient before surgery, and could only be in the patient as a result of negligence on the part of the surgical team.
DOCTRINE OF FORESEEABILITY
A simple definition is that an individual could reasonably foresee that certain action or inaction on his/her part could result in injury to another person. It also means that the injury actually suffered must be related to the foreseeable injury. Routine equipment check, or a program of quality control is important in overcoming this doctrine.