A hospital has been denied summary judgment in a medical malpractice case because the plaintiff had sufficient reason to believe the doctor who performed his biopsy was its agent.

The Lackawanna County Court of Common Pleas held that Nathan Oscarson could pursue his claim against Moses Taylor Hospital under the ostensible-agency theory because a reasonably prudent person in his position would have been justified in believing his care was being provided by the hospital or its agent.