What is the name of your state (only U.S. law)? NY
I have received a summon [also the doctor and hospital that operated, and my agency) about a complaint of a previous patient regarding an alleged malpractice and negligence. I am an employee of an agency, does this cover me under respondeat superior. I have worked under the scope of my practice with proper documentation of all the treatment sessions. Need advise. thanks
The doctrine of
respondeat superior allows an employer to be held liable for the negligent acts of its employees. But it is liability in addition to the lability the employee has for his/her own negligence. It does not transfer that negligence to the employer. In other words, this doctrine will not absolve you of liability for your own negligence.
The federal government and some states have statutes that absolve their own government employees from liability for their own on the job negligence and making the government solely liable for that instead, thus modifying the common doctrine. If you are an employee of a private entity, however, no such statute protects you. It is possible that your employer might voluntarily agree to assume your share of the liability or may have insured you against such claims, but no law forces the employer to do those things.
Since it appears you have been sued, I suggest you see about getting a lawyer to defend you on these claims. You can ask your employer if it is willing to provide you with an attorney or pay for your defense, but again the employer does not have to do that. At the very least you should tell your employer of the lawsuit since it may also be impacted by that.