Question: Please explain how to know that the question is testing special duty of care vs. respondeat superior? A male employee who worked at a psychiatric

Please explain how to know that the question is testing special duty of care vs. respondeat superior?

Please explain how to know that the question is testing special duty

A male employee who worked at a psychiatric hospital had sexual relations with a patient in her room at the hospital. The patient was severely mentally disabled, and although the patient did not initiate the encounter, she did not protest. A tort action was brought on the patient's behalf against the hospital. The hospital contends that the employee's actions were outside the scope of his employment. Is the patient likely to prevail? A No, because the employee's actions were outside the scope of his employment. B No, because the patient encouraged the employee's actions by not protesting. C Yes, because the employee worked for the hospital. Yes, because the hospital failed to use reasonable care to protect the patient from such conduct

Step by Step Solution

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Students Have Also Explored These Related Law Questions!