Hospitals cannot be held liable for the negligence of a physician if that physician is not an employee of the hospital.

Question

Quizplus · Accepted Answer

Ostensible authority is created when a hospital presents itself to the public-at-large as a provider of health care services and, in some way, leads the patient to believe that a physician with staff privileges is an employee of the hospital. Courts have been willing to hold hospitals liable under ostensible authority because it is reasonable to believe that these representations would lead the patient to conclude that the physician is an employee of the hospital, and therefore, the hospital can be named as a defendant in a medical malpractice suit.

Hospitals Cannot Be Held Liable for the Negligence of a Physician