Medico-legal opinion: radiology and vicarious liability

Vicarious liability in Canadian law implies additional responsibilities which parallel the benefits of a partnership, and the benefits of employer--employee relationships. It promotes optimum patient care, together with avenues for loss distribution in situations where negligence occurs. Radiologists, as persons in charge, are expected to exercise due care and skill in maintaining the quality of care which patients receive during all phases of the professional relationship. They are expected to provide the patient with a reasonable standard of care and skill, irrespective of whether the radiologist chooses to deal with the patient directly, or through a partner or employee. This is the same common sense requirement which all of us expect when we contract with a builder or mechanic who employs others to do part of the work. It is not reasonable to expect a patient to entrust his or her health on any other basis.