Scenario: A male patient underwent a surgical procedure at a hospital to insert a sheath into an artery of his groin. A nurse employee of the hospital was instructed to attend to the patient post-surgery to check the groin area for complications and to clean the area as necessary. While in the room alone with the patient, the patient awoke to discover the nurse rubbing his penis with both hands. The patient and his wife sued the hospital under the doctrine of respondeat superior for assault, battery, and loss of consortium.
- How should the court rule?
- Should the hospital be held vicariously liable for the acts of the nurse under the doctrine of respondeat superior ?
- Why or why not?
Piedmont Hospital, Inc. v. Palladino, et. Al. , 580 S.E.2d 215 (2003).