borrowed servant

borrowed servant

An employee (e.g., a nurse) paid by a person or organisation (e.g., a hospital) who is temporarily responsible to another person (e.g., a surgeon).
References in periodicals archive ?
Under the borrowed servant defense, a special employer is liable for the negligent acts of the employee of another general employer when the employee is loaned to and supervised by the special employer.
In some instances, an MTA did not exist, was patently one-sided, did not maximize the ability of DOJ to assert the borrowed servant defense, or was otherwise ill-conceived.
The court however, failed to discuss the borrowed servant argument.
Thus, there was a question as to whether or not the Borrowed Servant Doctrine might be applicable.
The court decided that, as a matter of law, the borrowed servant doctrine did not apply in the case.
He is thought to be Washington's borrowed servant Prince Whipple, who was quite possibly an African prince.
In their answer, the defendants asserted, inter alia, that Cooke was either the statutory employee of the hospital or a borrowed servant at the time of the accident, and therefore, the exclusive remedy under the Workers' Compensation Act (Act) served as a complete bar to the Cookes' tort suit.
The court next addressed the borrowed servant doctrine.
Editorial covers a range of issues in all 50 states, including: attorneys fees; borrowed servant doctrine; cost and expenses; dual capacity doctrine; equitable subrogation; intentional acts; reduction statutes; necessity of intervention; subrogation rights; who qualifies as a third party; waivers; and, subrogating in medical or legal malpractice cases.
The appeal was filed, and the plaintiff raised the issues of whether the cytotechnologist who misread the Pap smear slide was the agent and/or borrowed servant of the pathologist who issued the negative report and whether the cytotechnologist was engaged in the business of and under the supervision of the pathologist at the time the slide was read.
20] The borrowed servant rule was therefore developed to assign liability for employee negligence to the proper employer.
It is designed to offer information on the more complex subrogation issues encountered in the workers' comp subrogation marketplace such as attorneys' fees, costs and expenses, equitable subrogation, reduction statutes, borrowed servant doctrine, who qualifies as a third party, and waivers.