Chapter 4.C.3--Breach of Contract Theories

Chapter 4.C.4--Physician Vicarious Liability

The Kentucky Supreme Court surprisingly rejected both the borrowed servant and the actual agent theories in a case involving a nurse's miscount of surgical instruments (resulting in one being left inside the plaintiff), reasoning that surgeons do not oversee or control the details of how nurses count surgical supplies.   Nazar v. Branham, ___ _____ (Ky. 2009).

Return to home page.