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Borrowed Servant Doctrine

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Borrowed Servant Doctrine
A principle under which the party usually liable for a person’s actions—e.g., a hospital which has employed a particular nurse—is absolved of responsibility when that 'borrowed servant' is asked to do something—e.g., by a surgeon—which is outside of the bounds of hospital policy

borrowed servant doctrine
Malpractice A principle under which the party usually liable for a person's actions–eg, a hospital responsible for a nurse, is absolved of that responsibility when that person is asked to do something–eg, by a surgeon, which is outside of the bounds of hospital policy. See 'Captain of the Ship' doctrine, Malpractice, Respondeat superior.


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The court decided that, as a matter of law, the borrowed servant doctrine did not apply in the case.
[21] The borrowed servant doctrine developed under the premise that "[a] servant directed or permitted by his master to perform services for another may become the servant of such other in performing the services.
 
 
 
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