Our last column addressed vicarious liability of hospitals for malpractice by non-employee physicians where the patient entered through the emergency room or otherwise sought care from the hospital rather than from a particular physician. In those circumstances, the hospital should be liable for any negligent care because the patient was relying directly upon the hospital to provide care and treatment.
As we noted in that column, when someone is admitted to a hospital as the patient of a private attending physician, the hospital may still be subject to vicarious liability under the doctrine of ostensible agency for physicians who become involved in the patient’s care during the admission. This question commonly arises with anesthesiologists and radiologists, although it may also apply where any physician is assigned by a hospital to provide a service or a consultation. This month’s column examines hospital liability under ostensible agency in these circumstances.
