Liability of Health Care Institutions

Question 1

Elements of agency:

Answer 1

1. Principal consents expressly or impliedly to agent’s acting on its behalf
2. Agent is subject to principal’s control

Question 2

Apparent Agency

Answer 2

Definition: “One who by his acts or conduct has permitted another to act apparently or ostensibly as his agent…”

P must prove:

1. Hospital committed act that would cause reasonable person to believe dr. was hospital’s agent or, by failing to act, created this impression; and
2. P relied on apparent agency relationship

E.g. emergency room doctors