What is the difference between a claim of professional negligence and a claim of vicarious liability?

A claim of professional negligence is when a professional person, like a doctor or lawyer, fails to provide services up to a professional standard of care, resulting in harm to the patient or client. A claim of vicarious liability, on the other hand, is when a professional person’s employee, or someone who has been authorized to act on their behalf, causes harm to another person. In these instances, the employer may be found legally responsible for the actions of their employee, even if they had nothing directly to do with the action that caused the harm. In Pennsylvania, professional negligence claims are handled in civil court via a tort lawsuit. The person filing the claim must prove that the professional person failed to provide services up to a professional standard of care, and that they were harmed as a direct result of this negligence. Vicarious Liability is a similar type of legal responsibility, but not as direct as professional negligence. The person filing the claim has to show that their injuries are a direct result of the negligent or intentional act of a professional’s employee or someone else who was authorized to act on their behalf. In some cases, both claims can be applied. For example, a patient may suffer an injury due to the negligence of a doctor’s employee. In that case, the patient may have grounds to make a professional negligence claim against the doctor as well as a vicarious liability claim against the doctor’s employer. It is important to note, however, that each claim has different standards of proof and must be brought in separate legal actions.

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What is the difference between a claim of professional negligence and a claim of vicarious liability?

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