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Question

Does borrowed servitude apply to paramedics of just doctors?

Submitted: 389 days and 19 hours ago.

Category: Legal

Value: $30

Status: AWAITING CUSTOMER ACTION

Jacksboro, Texas

Posted by PaulMJD 389 days and 19 hours ago.

Answer

It can apply to any employee. Although this is an Iowa decision, the rule is primarily the same in all states: "To establish borrowed servitude there must be evidence the employee was loaned from his general employer to the special employer, with the general employer surrendering full control of the employee, placing that employee under the special employer’s direction and control." Bethards v. Shivvers, Inc., 355 N.W.2d 39, 45 (Iowa 1984).

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388 days and 21 hours ago.

Reply

You did not answer my question at all but I noticed, even though I did not accept the answer, the $30.00 has been taken out of my account. Again I say, my question was NOT answered. Thank you

Posted by PaulMJD 388 days and 7 hours ago.

Answer

I am sorry, but perhaps then you should clarify your question, you asked "does borrowed servitude apply to just paramedics of just doctors" I answered that it applies to any employee. If you have a specific need, please clarify and I would be more than happy to work with you.

387 days and 6 hours ago.

Reply

You did not answer my question at all but I noticed, even though I did not accept the answer, the $30.00 has been taken out of my account. Again I say, my question was NOT answered. Thank you

Posted by PaulMJD 387 days and 6 hours ago.

Answer

Your question was answered, you just choose not to accept the answer. Have a great day, I will opt out and maybe someone else can answer the question for you.

Posted by JD 1992 387 days and 6 hours ago.

Info Request

Can you rephrase your question? Perhaps some facts to give me some background?

387 days and 6 hours ago.

Reply

My son is being questioned about a procedure that was performed on a medical call. He could not intubate the patient so he assigned someone else to do it. The person who did it was a paramedic student that had trained and was signed off on intubation. Since the call has come up for review I need to know if borrowed servitude would apply to his having someone else do the procedure. thank you

Posted by JD 1992 387 days and 6 hours ago.

Info Request

What does your son do? Is he a paramedic or a doctor? In what way is he "being questioned"?

387 days and 6 hours ago.

Reply

-He is a paramedic. Someone notified the Texas Health that his allowing the other person to intubate the baby should be investigated. They have requested all the paperwork and are looking into the call.

Accepted Answer

The doctrine of "borrowed servant" really doesn't apply in this case. That is a method usually used to establish liability on another party, or to shift the blame from one entity to another.

If the other paramedic was trained to do the intubation and, for whatever reason, your son was not able to do it then he acted correctly in requesting assistance.

However, to answer your original question, the "borrowed servant" doctrine applies to any employer or entity, not just doctors. As a matter of fact, it is not used in cases involving medical negligence as often as it is used in other types of cases.

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Accepts:
Expert:	JD 1992
Pos. Feedback:	98.8 %
Answered:	10/31/2008

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Question

Does borrowed servitude apply to paramedics of just doctors?

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Jacksboro, Texas

Answer

Reply

You did not answer my question at all but I noticed, even though I did not accept the answer, the $30.00 has been taken out of my account. Again I say, my question was NOT answered. Thank you

Answer

I am sorry, but perhaps then you should clarify your question, you asked "does borrowed servitude apply to just paramedics of just doctors" I answered that it applies to any employee. If you have a specific need, please clarify and I would be more than happy to work with you.

Reply

You did not answer my question at all but I noticed, even though I did not accept the answer, the $30.00 has been taken out of my account. Again I say, my question was NOT answered. Thank you

Answer

Your question was answered, you just choose not to accept the answer. Have a great day, I will opt out and maybe someone else can answer the question for you.

Info Request

Can you rephrase your question? Perhaps some facts to give me some background?

Reply

Info Request

What does your son do? Is he a paramedic or a doctor? In what way is he "being questioned"?

Reply

-He is a paramedic. Someone notified the Texas Health that his allowing the other person to intubate the baby should be investigated. They have requested all the paperwork and are looking into the call.

Accepted Answer

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