Explaining the corporate criminal liablity
By now you should have a basic understanding of vicarious liability as it relates to employee negligent conduct, and corporate negligence. There are instances when an organization or corporation engages in conduct deemed illegal (ENRON is an example outside of healthcare). After reviewing the background material, conduct research and respond to the questions using one or two examples.
a) Distinguish between corporate criminal liability and vicarious liability resulting from negligence of a health care organization’s employee. In other words what are the legal elements of criminal versus negligent liability for the organization resulting from employee conduct?
b) Define and discuss apparent agency and the impact the status of the agent/employee versus independent contractor have on the analysis of liability.