Scope of Employment

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What Is My Scope of Employment?

All medical assistants, regardless of their amount of education, training, experience and credentials must realize that they are subject to certain laws and limitations and must act only within their scope of employment when practicing their trade.

An act within the scope of employment is incidental to the employer’s business, or in this case, the doctor’s medical practice and is done to further the doctor’s interest. If a medical assistant departs so far from his/her duties that his/her acts are no longer for his employer’s benefit, then these acts are not within the scope of his/her employment. If a tortuous act by the medical assistant arose out of an activity which was within his/her scope of employment, or ordinary course of business, then that act may be considered to be within the scope of employment. READ MORE

Respondeat Superior

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The so often misunderstood doctrine of Respondeat Superior…

MISCONCEPTION: “Medical assistants work under the umbrella of the doctor, so if something goes it’s the doctor who will be held responsible for the mistake.”

We have said it before and we cannot emphasize it enough: this is not true! Medical assistants are just as responsible for their own actions, along with doctor who hired them, but first, let’s first define the doctrine of respondeat superior.

Definition of Respondeat Superior

Respondeat superior is a legal term that stands for “let the master answer“. It is a long established doctrine that applies when a master acts through the servant to accomplish a specific task. What this means is that under specific circumstances, an employer (let’s say the doctor) is legally liable for the actions of his or her employees (servants) while in the course of their employment. The actions of the servant are imputed to the master. READ MORE