The Law and Your Health

What to Do If You Have Problems

What is respondeat superior?

Respondeat superior , for our purposes, says that a health plan is responsible for the actions of the doctor when the health plan controls the work of the doctor. To decide whether the health plan is responsible for the doctor’s actions through respondeat superior, a court will look at the contract between the doctor and the health plan, the day-to-day interaction between the doctor and the health plan and the amount of control the health plan exercises over the doctor’s decisions. In one case a court found that the doctors were under the control of the health plan’s medical director who policed the medical services provided to patients and whose decision as to whether the health plan would cover certain treatments was final. In that case the health plan was responsible for the actions of the doctor under respondeat superior.

>>What options do I have when my health plan refuses to cover the treatment I need?
>>>Can I recover damages from my health plan when it does not live up the promises in the health plan’s brochure?
>>Is the health plan legally responsible if I am injured because of a doctor’s mistake?
>>How can I recover from my health plan for negligence?
>>What is respondeat superior?
>>What is apparent authority?
>>What is corporate negligence liability?


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