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.
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
Generally referred to as ostensible agency
, this theory is also referred to as agency by estoppel, apparent agency, and apparent authority (9).
The relationship may be construed as an apparent or ostensible agency
, where there is some representation that the doctor works for the hospital.
A $250,000 cap on non-economic damages (and no cap whatsoever on economic damages); -- Advance notice of claim; -- A revised statute of repose; -- A sliding scale for personal injury attorneys' fees; -- Required evidence of collateral source payments; -- Binding arbitration of disputes; -- Periodic payments of future damages; -- Ostensible agency
reform for hospitals and other health care facilities, and;
Courts around the country are holding hospitals and doctors vicariously liable for contractors' negligence under the theory of ostensible agency
(also called apparent agency).
Freilich's employee; and that the doctrine of ostensible agency
was not applicable.
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.
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
The McGraths brought suit on the theories of (1) Respondeat Superior, (2) joint venture, (3) ostensible agency
, (4) liability for independent contractor, and (5) negligent credentialing.