The hospital has been sued for the actions of a nurse employee. The hospital proves that the nurse was not providing care within the scope of employment as a nurse. Can the hospital still hold liability in this case?
1. Yes, if the plaintiff can prove the nurse was incompetent and that the hospital was aware of the incompetence.
2. Yes, the hospital is automatically liable for the action of any employee.
3. No, at this point the nurse is considered a "lone ranger" and the hospital is not liable for the nurse's actions.
4. No, the doctrine of ostensible authority relieves the hospital of liability related to a rogue employee.
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Rationale: The hospital may be found negligent in hiring and firing if it can be proved that the nurse was incompetent and that the hospital did or should have known it. The hospital is not automatically liable for all of the actions of its employees. If the hospital had no reason to believe that the nurse was incompetent, the nurse could stand to hold 100% of the liability in a case.
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