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.
The lawsuit also claims that Bricktown LLC and Aston Management were negligent innkeepers.In addition,through the principles of ostensible agency, Marriott International was alleged to be at fault as well because Bricktown LLC was the franchisee for the Springhill Suitesand Aston managed it.
The judge let the case proceed based on indirect state law "ostensible agency" claims that the employees reasonably believed that the franchisor was their employer.
Ostensible agency, or apparent authority, is an agent's power
The court also explained why A&J was not an ostensible agent of Travelers: "Ostensible agency cannot be established by the representations or conduct of the purported agent; the statements or acts of the principal must be such as to cause the belief the agency exists."
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. SJH filed a morion for summary judgment on the basis that the "Authorizations and Consents" form signed by Bobby notified him that the doctors were not employees or agents of SJH and thus precluded its liability as a matter of law.
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).
Freilich should be held liable for the CRNA's negligence based on the theory of ostensible agency. A default judgment was entered against Nurse Shaw.
Amster and his group under the doctrine of "ostensible agency." The patient alleged that under Pennsylvania law, which governed, the hospital may be held responsible for the torts of its independent contractors.
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.