Case Analysis: Norton vs. Argonaut Insurance Company



Case Analysis: Norton vs. Argonaut Insurance Company

Answer 1: Vicarious liability and corporate liability

Vicarious liability is a form of secondary liability, under which a person is considered responsible for the violations made by his subordinate (Legal Dictionary, 2012). For example, the employers are considered liable for the illegal actions of their employees.

Corporate liability is when the employers or administration of the firm is considered liable for some illegal action, but the liability does not holds for the employees or individual workers of the firm.

Answer 2: Mistakes in the Case

As the infant died as a result of overdoes of the drugs, the nurse might be considered to make the major mistake in administration of the medication plan, however it came to light on investigation that the medication plan was not written clearly (Case, 1962). Thus, the physician made the major mistake that he did not explain the nurse about the medicine administration and provided with the ambiguous plan to provide the infant with a dose of 3-cc of Lanoxin for his heart condition. The death occurred, when the nurse by mistake injected the child same amount, but higher intensity Lanoxin. In my opinion, the nurse also made a mistake as when she found the incomplete information on the medication plan, she would have consulted the concerned physician for making the confusion clear.

Also, the hospital management was at mistake, as it must have not provided the physician and the nurses with the necessary professional trainings on drug administration. Thus, for the case under consideration, both the vicarious as well as corporate liability may apply. Vicarious liability applies because the hospital became liable due to the irresponsible action of doctor, and corporate liability applies because the doctor became liable due to non professional policies of ...