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Liability of healthcare providers towards independent contractors: profiteering vis a vis patients' rights

Jahn Kassim, Puteri Nemie (2013) Liability of healthcare providers towards independent contractors: profiteering vis a vis patients' rights. In: 2nd Applied International Business Conference 2013 (AIBC 2013), 7th-8th Dec. 2013, Labuan School of International Business and Finance, Universiti Malaysia Sabah.

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Abstract

With the changing landscape of the labour markets, healthcare providers find themselves assuming new duties and responsibilities to the general public. In an attempt to insulate themselves from liability, healthcare providers are trying to delegate legal duties to staff whom they considered as “independent” of which, they claim to have no control in the manner on how they execute their duties. This is usually done by posted notices at their facilities or statements in the admission documents. This practice has been argued to be against the notion of fairness and justice as the staff employed advances the economic interests of healthcare providers, therefore, healthcare providers should bear the corresponding liability for losses incurred. Further, employers are in a more strategic position to reduce accidents by efficient organisation and supervision of their staff and some duties cannot be divested by delegation even to a reputable contractor.

Item Type: Conference or Workshop Item (Full Paper)
Additional Information: 1830/41011 (ISBN: 9789670521268)
Uncontrolled Keywords: liability, healthcare providers, independent contractors, non-delegable duties, profiteering
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Professor Dr Puteri Nemie Jahn Kassim
Date Deposited: 10 Mar 2015 01:12
Last Modified: 10 Mar 2015 01:12
URI: http://irep.iium.edu.my/id/eprint/41011

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