The plaintiff was awarded monetary damages from the hospital in a suit resulting from a nurse's negligence. Under which principle is it possible for the hospital to sue the nurse to recover the amount of the damages?
1. Dual servant
2. Ostensible authority
3. Indemnification
4. Vicarious liability
3
Rationale: Indemnification allows the employer to recover from the individual personally responsible any damages paid under the doctrine of respondeat superior for the negligent act. A dual servant is one who can be shown to serve both entities at the same time. Ostensible authority is an application of agency law that allows a principal to be liable for acts and omissions by independent contractors working within the principal's place of business or at the direction of the principal, and a third party misinterprets the relationship as employer-employee. Vicarious liability is substituted liability, describing the instance in which one party is responsible for the actions of another.
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