Posted May 15, 2020. To settle a pandemic-related financial crisis at UMass Dartmouth, law faculty are not receiving research compensation in summer 2020. I will be away from my desk, May 16 to August 15. Blog posts will be sparse, and I will not receive email. On the upside, summer 🌞! If you need to reach me, please send a message through the faculty assistants’ office (Ms. Cain and Ms. Rittenhouse). Stay thirsty.

Saturday, July 13, 2019

Law student, doctor's blog explores medmal issues

An alum of my Torts I & II classes and a medical doctor, Joseph Grillo is doing some intriguing blogging at his Medical-Legal Consulting website.  Here's a teaser to a recent (May 31) item: 

Vicarious Liability Doctrines in Medical Malpractice: Ostensible or Apparent Agency
It is commonplace today that hospitals do not employ physicians. Instead the physician is considered an independent contractor. This relationship may muddy the waters when trying to hold a hospital to account under vicarious liability.

There exists an exception to the general rule that a hospital incurs no liability for the negligence of independent contractors but only for those who provide care within the traditional employment relationship.

The doctrine of ostensible agency or apparent authority has been the predominant theory upon which to base an action for vicarious liability against a hospital for the negligence of independent contractors.

No comments:

Post a Comment