A hospital cannot be held vicariously liable for the failure of one of its doctors to obtain informed consent, the Superior Court has held.

In a case of first impression, the intermediate appeals panel extended its decision in Kelly v. Methodist Hospital, PICS Case No. 95-4325 (Pa. Super. Aug. 28, 1995) Tamilia, J. (8 pages) in ruling that a hospital and doctor do not have the “traditional employer/employee relationship” making the hospital liable for the intentional acts of the doctor.

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