Medical Malpractice

The Emergency Room Exception for Vicarious Liability

, New York Law Journal


In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write: While it has long been recognized that a hospital is vicariously liable for the physicians it assigns to patients where a patient seeks treatment not from a particular physician, but from the hospital, some decisions have strictly imposed all of the requirements of ostensible agency. However, this circumstance is not purely one of ostensible agency. Rather, it is a distinct exception that involves aspects of both ostensible agency and agency-in-fact.

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