An alum of my Torts I & II classes and a medical doctor,
Joseph Grillo is doing some intriguing blogging at his
Medical-Legal Consulting website. Here's a teaser to
a recent (May 31) item:
Vicarious Liability Doctrines in Medical Malpractice: Ostensible or Apparent Agency
It is commonplace today that hospitals do not employ physicians.
Instead the physician is considered an independent contractor. This
relationship may muddy the waters when trying to hold a hospital to
account under vicarious liability.
There exists an exception to the general
rule that a hospital incurs no liability for the negligence of independent
contractors but only for those who provide care within the traditional
employment relationship.
The doctrine of ostensible agency or
apparent authority has been the predominant theory upon which to base an action
for vicarious liability against a hospital for the negligence of independent
contractors.
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