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Clergy Malpractice

A successful new legal theory for recovering civil damages against the employer and/or insurer of a clergyman, psychologist, teacher or other counselor, who sexually molests children.

  1. Importance of the liability of the employer and/or insurer.
  2. Distinguish between vicarious and direct liability.
    • Vicarious liability (“Respondeat Superior”) and the “scope of employment” defense.
    • Direct liability (conscious or negligent misconduct), the “lack of knowledge” defense and the difficulty of proof.
  3. The new tort of clergy malpractice.
    • Duty: observe the standard of care.
    • Breach.
    • Damages.
    • Proximate causation.
  4. Vicarious liability of the employer/ insurance company for the tort of clergy malpractice.
    • The definition of the tort destroys the “scope of employment” defense.
    • Alternative theory of vicarious liability: “job created power and authority”.
  5. Applicability of this new legal theory to similar types of malpractice by psychologists, psychiatrists, teachers, scout masters, counselors, etc.