ostensible agency

ostensible agency

In malpractice law, the responsibility an employer bears for the negligent actions of professional employees or contractors; among other duties, the employer is assumed to have diligently researched its agents, credentials, licensure, and suitability to provide care.
Synonym: ostensible authority
References in classic literature ?
True, there were ugly recollections connected with his first glimpses of the beautiful girl; he could not quite forget the bouquet that withered in her grasp, and the insect that perished amid the sunny air, by no ostensible agency save the fragrance of her breath.
Six months later, another California judge refused to certify similar ostensible agency claims against the same franchisor.
Ostensible agency, or apparent authority, is an agent's power
Traditionally, a tort-based theory, like ostensible agency, would create potential exposure for the hospital whether or not any of its employees were negligent.
Bobby's estate filed suit against SJH, among others, asserting that SJH was vicariously liable for the aforementioned doctors alleged negligence under the theory of ostensible agency.
The relationship may be construed as an apparent or ostensible agency, where there is some representation that the doctor works for the hospital.
Courts around the country are holding hospitals and doctors vicariously liable for contractors' negligence under the theory of ostensible agency (also called apparent agency).
The court held, inter alia, that an ostensible agency requires that (1) the patient look to the hospital for care, rather than the individual physician, and (2) the hospital "held out" the physician to be its employee.
The battleground in that circumstance involves efforts to hold the entity liable for the negligence of the independent contractor physician under an apparent or ostensible agency doctrine.
A PO's exertion of control over the URO's policies and procedures could create an agency relationship and potential liability under the legal theories of ostensible agency or vicarious liability.
It is interesting to note that Minnesota is one of the few states which fail to recognize the doctrine of apparent agency, which is also known as the doctrine of ostensible agency.