The scope of employer's liability for negligence caused by 'Locum' medical practitioners

A locum is a person who temporarily fulfils the duties of another. ‘Locum’ medical practitioners (locums) are usually employed to relieve the regular and permanent medical practitioner who may be on leave or when the particular healthcare providers are short of staff. Many GP (General Practitioner)...

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Main Authors:	Jahn Kassim, Puteri Nemie, Abd. Manaf, Noor Hazilah
Format:	Article
Language:	English English English
Published:	UPM Press 2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/63007/ http://irep.iium.edu.my/63007/ http://irep.iium.edu.my/63007/1/63007%20The%20Scope%20of%20an%20Employer%E2%80%99s%20Liability%20for%20Negligence.pdf http://irep.iium.edu.my/63007/2/63007%20The%20Scope%20of%20an%20Employer%E2%80%99s%20Liability%20for%20Negligence%20SCOPUS.pdf http://irep.iium.edu.my/63007/13/The%20scope%20of%20an%20employer%E2%80%99s%20liability-WOS.pdf

id	iium-63007
recordtype	eprints
spelling	iium-630072019-08-23T05:37:20Z http://irep.iium.edu.my/63007/ The scope of employer's liability for negligence caused by 'Locum' medical practitioners Jahn Kassim, Puteri Nemie Abd. Manaf, Noor Hazilah K Law (General) A locum is a person who temporarily fulfils the duties of another. ‘Locum’ medical practitioners (locums) are usually employed to relieve the regular and permanent medical practitioner who may be on leave or when the particular healthcare providers are short of staff. Many GP (General Practitioner) clinics opening for long hours deputize services to locums, who usually have a permanent employment elsewhere but are employed temporarily at these clinics to offer their clinical services. Most of the time, locums are appointed by these GP clinics without thinking of the legal consequences of the appointment. In particular, when things go wrong either with a patient or with the practice, it is very important to establish whether the ‘locum’ is an employee or an independent contractor. For the patient, their interests would be very much protected if the locum is classified as ‘an employee’ of the GP clinic. This is because the GP clinic as an employer would be liable for the acts and conducts of their employees including the locums. On the other hand, the GP clinic would prefer to categorise locums as independent contractors so that they will not be liable for any legal consequences that may arise from any negligent acts. This would be seen as going against the notion of fairness and justice as the fact that the GP clinics have economically benefited from the acts of the locums, it is proper that they should undertake the burden when things go wrong. Further, as an organization, the GP clinics can easily distribute the losses they had suffered. Thus, there is a need for clear policies and guidelines on the legal position of locums working in GP clinics considering the host of legal repercussions that may ensue. UPM Press 2017-03 Article PeerReviewed application/pdf en http://irep.iium.edu.my/63007/1/63007%20The%20Scope%20of%20an%20Employer%E2%80%99s%20Liability%20for%20Negligence.pdf application/pdf en http://irep.iium.edu.my/63007/2/63007%20The%20Scope%20of%20an%20Employer%E2%80%99s%20Liability%20for%20Negligence%20SCOPUS.pdf application/pdf en http://irep.iium.edu.my/63007/13/The%20scope%20of%20an%20employer%E2%80%99s%20liability-WOS.pdf Jahn Kassim, Puteri Nemie and Abd. Manaf, Noor Hazilah (2017) The scope of employer's liability for negligence caused by 'Locum' medical practitioners. Pertanika Journal of Social Sciences and Humanities, 25 (Special Issue). pp. 109-120. ISSN 0128-7702 http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2025%20(S)%20Mar.%202017/11%20JSSH(S)-0401-2016-1stProof.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	K Law (General)
spellingShingle	K Law (General) Jahn Kassim, Puteri Nemie Abd. Manaf, Noor Hazilah The scope of employer's liability for negligence caused by 'Locum' medical practitioners
description	A locum is a person who temporarily fulfils the duties of another. ‘Locum’ medical practitioners (locums) are usually employed to relieve the regular and permanent medical practitioner who may be on leave or when the particular healthcare providers are short of staff. Many GP (General Practitioner) clinics opening for long hours deputize services to locums, who usually have a permanent employment elsewhere but are employed temporarily at these clinics to offer their clinical services. Most of the time, locums are appointed by these GP clinics without thinking of the legal consequences of the appointment. In particular, when things go wrong either with a patient or with the practice, it is very important to establish whether the ‘locum’ is an employee or an independent contractor. For the patient, their interests would be very much protected if the locum is classified as ‘an employee’ of the GP clinic. This is because the GP clinic as an employer would be liable for the acts and conducts of their employees including the locums. On the other hand, the GP clinic would prefer to categorise locums as independent contractors so that they will not be liable for any legal consequences that may arise from any negligent acts. This would be seen as going against the notion of fairness and justice as the fact that the GP clinics have economically benefited from the acts of the locums, it is proper that they should undertake the burden when things go wrong. Further, as an organization, the GP clinics can easily distribute the losses they had suffered. Thus, there is a need for clear policies and guidelines on the legal position of locums working in GP clinics considering the host of legal repercussions that may ensue.
format	Article
author	Jahn Kassim, Puteri Nemie Abd. Manaf, Noor Hazilah
author_facet	Jahn Kassim, Puteri Nemie Abd. Manaf, Noor Hazilah
author_sort	Jahn Kassim, Puteri Nemie
title	The scope of employer's liability for negligence caused by 'Locum' medical practitioners
title_short	The scope of employer's liability for negligence caused by 'Locum' medical practitioners
title_full	The scope of employer's liability for negligence caused by 'Locum' medical practitioners
title_fullStr	The scope of employer's liability for negligence caused by 'Locum' medical practitioners
title_full_unstemmed	The scope of employer's liability for negligence caused by 'Locum' medical practitioners
title_sort	scope of employer's liability for negligence caused by 'locum' medical practitioners
publisher	UPM Press
publishDate	2017
url	http://irep.iium.edu.my/63007/ http://irep.iium.edu.my/63007/ http://irep.iium.edu.my/63007/1/63007%20The%20Scope%20of%20an%20Employer%E2%80%99s%20Liability%20for%20Negligence.pdf http://irep.iium.edu.my/63007/2/63007%20The%20Scope%20of%20an%20Employer%E2%80%99s%20Liability%20for%20Negligence%20SCOPUS.pdf http://irep.iium.edu.my/63007/13/The%20scope%20of%20an%20employer%E2%80%99s%20liability-WOS.pdf
first_indexed	2023-09-18T21:29:19Z
last_indexed	2023-09-18T21:29:19Z
_version_	1777412403952091136

The scope of employer's liability for negligence caused by 'Locum' medical practitioners

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