Vicarious Liability: When Employers Are Held Responsible

In medicine and law alike, accountability matters. But what happens when harm is caused not by a company itself, but by someone working for it? The legal concept of vicarious liability answers that question. It allows an employer to be held legally responsible for the actions or negligence of an employee if those actions occurred in the course of their employment.

In healthcare, this principle often arises when patients suffer harm at the hands of hospital staff. If a nurse or doctor employed by an NHS trust makes a serious error that injures a patient, the trust can be held liable, even if it was not directly at fault. This ensures that injured patients have access to compensation from an organisation capable of paying, rather than from an individual practitioner.

A significant case in this area was Various Claimants v Barclays Bank plc (2020), where the Supreme Court ruled that Barclays was liable for assaults committed by a doctor it had hired to conduct medical examinations on job applicants. Although the doctor was technically an independent contractor, the Court decided the relationship was close enough to employment for vicarious liability to apply.

In a medical context, this judgment is vital. It broadens protection for patients by holding organisations accountable for individuals who act under their authority or control, even if they are not formal employees.

Vicarious liability reflects a balance between fairness and practicality. It encourages employers to maintain high standards, proper supervision and safe systems of work. For patients, it reinforces the idea that the institutions trusted with their care must also bear responsibility when that trust is broken.