vicarious liability Archives - Medical Malpractice Lawyers

Michigan Appellate Court Revives Ostensible Agency Claim Against Hospital In Medical Malpractice Case

October 18, 2026

Ostensible Agency In general, a hospital is not vicariously liable for the negligence of a physician who is an independent contractor and merely uses the hospital’s facilities to render treatment to his patients. A hospital can, however, be liable for the acts of an independent contractor if he or[...]

Georgia Appellate Court Affirms Dismissal Of Medical Staffing Company From Medical Malpractice Case

December 8, 2025

Brian Schriver was treated by a doctor in a hospital emergency room and died approximately 24 hours later. Schriver’s wife filed suit against, inter alia, North Fulton Emergency Physicians (“NFEP”), which had supplied the emergency room doctor. NFEP filed a motion for summary judgment on the g[...]

Georgia Appellate Court Rules Surgeons Not Liable For Medical Student’s Negligence

July 16, 2024

After Jacqueline Statham was injured following a routine gynecological surgery, she filed a Georgia medical malpractice lawsuit against her surgeons, David S. Quang and Tan-Loc Nguyen, and their employer, Women’s Healthcare, Inc. of Middle Georgia, P.C., alleging medical negligence due to their fa[...]

Illinois Appellate Court Holds Settlement With Medical Malpractice Physician Extinguished Vicarious Liability Claim Against His Employer

February 3, 2022

The Appellate Court of Illinois Fifth District (“Illinois Appellate Court”) held in its Order dated January 7, 2022: “After reviewing the allegations in count I, as pled, it is reasonable to conclude that the plaintiff’s claim against Physician Services was based solely on a theo[...]

Indiana Appellate Court Discusses Informal Nature Of Medical Review Panels In Medical Malpractice Cases

November 6, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion dated October 8, 2020: “Here, contrary to its repeated assertions, the Hospital was clearly on notice from the proposed complaint that Spencer was making allegations of vicarious liability, including ph[...]

Georgia Appellate Court Upholds $46M Georgia Medical Malpractice Verdict For Mother’s Catastrophic Brain Injury Four Days After Giving Birth

March 19, 2019

The Court of Appeals of Georgia, in its opinion filed on March 7, 2019, upheld a Georgia medical malpractice jury’s award in the amount of $46 million for the catastrophic brain injury suffered by a mother who had given birth four days earlier. The Georgia medical malpractice jury had awarded [...]

New York Appellate Court Reverses Summary Judgment For Hospital On Vicarious Liability Claim In Medical Malpractice Case

June 17, 2018

The Supreme Court of the State of New York Appellate Division, Second Judicial Department (“New York Appellate Court”) in its May 16, 2018 Decision & Order reversed summary judment granted to the defendant hospital in a New York medical malpractice case in which the plaintiff conten[...]

Nevada Supreme Court Rules Hospital May Be Liable For Physician’s Medical Negligence Under Theory Of Ostensible Agency

January 7, 2018

The Supreme Court of the State of Nevada (“Nevada Supreme Court”) held in its opinion filed on December 28, 2017 that while the general rule of vicarious liability is that an employer is liable for the negligence of its employee but not the negligence of an independent contractor, an exc[...]

Hospital Medical Providers: Are They Employees Or Independent Contractors?

October 3, 2012

Many people who receive medical care in a hospital in the United States are often unaware that one or more of the individuals who provide them with treatment, care, and services are not employees of the hospital but instead are “independent contractors.” The relationship of the medical[...]

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