apparent agency Archives - Medical Malpractice Lawyers

Maryland Appellate Court Finds Hospital Vicariously Liable For Actions Of Trauma Surgeon

July 31, 2022

Court Finds Hospital Vicariously Liable : Under the doctrine of apparent agency, an entity may be found vicariously liable to a third party for the negligence of its apparent agent if (1) the entity represents, or acquiesces in the appearance, that an individual is its agent; (2) the third party rel[...]

Indiana Supreme Court Extends Vicarious Liability For Independent Contractor Physician To Non-Hospital Medical Providers

March 28, 2022

The Indiana Supreme Court held in its opinion filed on March 24, 2022: “In Sword v. NKC Hospitals, Inc., our Court adopted the Restatement (Second) of Torts section 429 and held that a hospital may be held vicariously liable for the tortious conduct of an independent contractor through apparen[...]

Indiana Appellate Court Affirms Hospital Not Entitled To Summary Judgment For Surgeon’s Botched Gallbladder Surgery

October 11, 2021

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its Memorandum Decision dated September 15, 2021: “The record in this case, unlike that in Hiland, contains evidence that the patient believed the surgeon was an employee of Hospital. Newlin visited the surgeon in [...]

Illinois Appellate Court Says No Apparent Agency To Hold Hospital Responsible For Surgeon’s Alleged Negligence

September 8, 2021

In its opinion dated August 10, 2021, the Appellate Court of Illinois First District Second Division (“Illinois Appellate Court”) held: “To defeat a claim of vicarious liability, all that was required of Silver Cross [Hospital and Medical Center] was evidence that Tracy [Delegatto][...]

Maryland Appellate Court Affirms Medical Malpractice Plaintiff Failed To Establish Apparent Authority To Hold Defendant Hospital Liable

August 15, 2021

The Court of Special Appeals of Maryland (“Maryland Appellate Court”) held in its unpublished opinion dated July 20, 2021 that “there was insufficient evidence from which a reasonable jury could make the requisite finding that Mr. Williams subjectively believed that Dr. Blundon or,[...]

Florida Appellate Court Reverses Summary Judgment For Hospital Medical Malpractice Defendant Based On Apparent Agency

March 6, 2021

The District Court of Appeal of the State of Florida Fifth District (“Florida Appellate Court”) held in its opinion filed on February 5, 2021 that the medical malpractice defendant hospital (“Florida Hospital”) was not entitled to summary judgment for a surgeon’s allege[...]

Pennsylvania Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement Signed By Resident’s Spouse At Time Of Discharge

December 26, 2020

The Superior Court of Pennsylvania, in its non-precedential opinion filed on November 18, 2020, refused to enforce a nursing home arbitration agreement signed by the resident’s spouse at the time of her husband’s discharge from the nursing home, holding “we conclude that the trial [...]

$6.2M Maryland Medical Malpractice Verdict Against Hospital For Loss Of Leg

October 24, 2019

On October 17, 2019, a Prince George’s County, Maryland medical malpractice jury returned its verdict in favor of a man who lost his right leg allegedly as a result of the defendant hospital’s orthopedic surgeon’s negligence following the man being involved in a rollover single-car[...]

Illinois Supreme Court Refuses To Extend Apparent Authority Liability To Unrelated, Independent Medical Clinics

January 4, 2018

In a case decided by the Supreme Court of the State of Illinois (“Illinois Supreme Court”) on December 29, 2017, the Illinois Supreme Court held: “We refuse … to impose vicarious liability under the doctrine of apparent authority on a hospital for the care given by employees [...]

Tennessee Appellate Court Affirms Hospital Responsible For Medical Malpractice Verdict Based On Apparent Agency

December 13, 2017

In its opinion filed on November 8, 2017, the Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) affirmed that the defendant hospital was responsible for a share of the $750,000 verdict the Tennessee medical malpractice jury returned in favor of the plaintiff, holdi[...]

$13M Florida Medical Malpractice Verdict Based On Apparent Agency For Patient’s Blindness

October 8, 2017

A Florida medical malpractice jury awarded $13 million on August 31, 2017 to an 80-year-old man who suffered blindness in his right eye after an ophthalmologist injected the wrong medication into his eye after cataract surgery at the defendant medical center. The Florida medical malpractice jury fou[...]

Maryland Appellate Court Rejects Hospital Liability For Apparent Agency In Medical Malpractice Case

April 5, 2017

In its unreported opinion filed on March 21, 2017, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) rejected the Maryland medical malpractice plaintiff’s argument that two of the named defendants could be held liable for the death of the decedent (one defendant[...]

1 2 »

Tag: apparent agency