In the November 19, 2024 Per Curiam of the State of Michigan Court of Appeals, the issue discussed in a medical malpractice case involving the alleged injuries suffered by a patient as a result of the alleged medical negligence of an OBGYN was whether codefendant, Dr. Alfred K. Bediako, M.D., was an ostensible agent of the hospital, rendering the hospital vicariously liable for Dr. Bediako’s alleged medical negligence.
Dr. Bediako had staff privileges at the hospital since 1992, and it was the only hospital where he performed procedures. At the time of the palintiff’s surgery, he was the only gynecologist at the hospital – the hospital’s Department of Obstetrics and Gynecology consisted of him and whatever other midlevel providers were available to treat patients, such as nurses. While treating patients both at the hospital and in his clinic, Dr. Bediako wore scrubs that said his name and “OB Department” on them. In the hospital, he also wore a medical badge for identification purposes that said “Hillsdale Hospital” on it. When questioned about the issue of his employment status, Dr. Bediako insisted his patients knew he was in private practice but admitted he never told them he was.
Ostensible Agency
In establishing an ostensible agency relationship between a physician and a hospital, the critical question is whether the plaintiff, at the time of their admission to the hospital, was looking to the hospital for treatment of their physical ailments or merely viewed the hospital as the situs where their physician would treat them for their problems. To determine whether a physician is an ostensible agent of the hospital, the following elements must be met: (1) the person dealing with the agent must do so with belief in the agent’s authority and this belief must be a reasonable one; (2) such belief must be generated by some act or neglect of the principal sought to be charged; and (3) the third person relying on the agent’s apparent authority must not be guilty of negligence.
The Michigan appellate court held in the case it was deciding: “Although paragraph one of the consent form stated “Your doctors are not employees or agents of the hospital. They are independent contractors,” paragraph five on the first page of the consent form also stated “I herby [sic] authorize Hillsdale [Hospital] to provide its appropriate hospital services and care necessary in conjunction with the procedure(s) above described.” The consent form was also a Hillsdale Hospital form, with the hospital’s full name and logo at the top of the first page. It is unclear from the record whether Darlene signed the consent forms in the hospital or in Dr. Bediako’s clinic. Taking this evidence in the light most favorable to Darlene, we find that a question of fact remains as to whether the consent form she signed can fully negate the potential existence of ostensible agency and thus, whether her belief as to Dr. Bediako’s ostensible agency was reasonable” … Here there is no dispute that defendant allowed Dr. Bediako, who was the only physician working in the OB Department, to wear scrubs that said “Dr. Bediako, OB Department,” and there is no dispute that the hospital issued him a badge to wear that said the hospital’s name. There is nothing in the record to suggest that the hospital took any steps regarding those scrubs or that badge to counter the impression that Dr. Bediako worked for the hospital, i.e., the record suggests that the hospital neglected to ensure that the badge and/or scrubs contained anything communicating that Dr. Bediako was an independent contractor and/or was not an actual employee of the hospital. Darlene also testified at her deposition that her own personal belief was that Dr. Bediako worked for the hospital … The record in this matter is devoid of any evidence of negligence by Darlene, and the hospital has not alleged that Darlene was negligent.”
The Michigan appellate court held “that a question of fact remains as to whether Dr. Bediako was an ostensible agent of the hospital, we remand to the trial court for further proceedings.”
Source Webb v. Hillsdale Hospital, COA No. 364728.
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