Agency Essay specific

Question 1

When can a hospital be vicariously liable for the negligence of a physician who is an independent contractor?

Answer 1

In general, a hospital is not vicariously liable for the negligence of a physician who is an independent contractor and simply uses the hospital’s facilities to provide treatment to his own patients. However, if the patient looked to the hospital to provide medical treatment, and the hospital made a representation that medical treatment would be afforded by physicians working at the hospital, an agency by estoppel may be found.

Question 2

There are three elements necessary to establish the creation of an ostensible agency:

Answer 2

(1) the person dealing with the agent must do so with belief in the agent’s authority and this belief must be a reasonable one,
(2) the belief must be generated by some act or neglect on the part of the principal sought to be charged, and
(3) the person relying on the agent’s authority must not himself be guilty of negligence

Question 3

Critical question concerning if an hospital created an agency relationship:

Answer 3

whether the patient “looked to” the hospital for treatment.

Question 4

Define agency

Answer 4

“a fiduciary relationship created by express or implied contract or by law, in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words or actions.”

Question 5

when is an agency ostensible?

Answer 5

An agency is ostensible when the causes a third person to believe another to be his or her agent where no agency actually exists.

Question 6

Can the agent personally profit from the agency relationship outside of their agreement?

Answer 6

No

Question 7

Ratification

Answer 7

Ratification is the affirmance by a person of a prior act which did not bind him but which was done or professedly done on his account, whereby the act, as to some or all persons, is given effect as if originally authorized by him.

Question 8

Affirmance

Answer 8

Affirmance is either

(a) a manifestation of an election by one on whose account an unauthorized act has been done to treat the act as authorized, or
(b) conduct by him justifiable only if there were such an election.