Filer of medical malpractice suit should've known that physician wasn’t hospital's agent

A hospital is liable for the medical malpractice of a physician who is its employee or its ostensible agent, the California Court of Appeal for the Fifth District said in a recent case.

In Magallanes de Valle v. Doctors Medical Center of Modesto, the plaintiff filed a medical malpractice action against the defendants, who included Golden Valley Health Centers (GVHC), Doctors Medical Center of Modesto (DMC), and her personal and treating physician, who was GVHC’s employee.

The plaintiff made the following allegations:

• Her personal doctor negligently performed a vaginal hysterectomy procedure at DMC;
• Because of this, the plaintiff had injuries and complications and had to be readmitted for follow-up care;
• DMC was primarily liable on the theory that the doctor was its ostensible agent (the ostensible or apparent agency theory);
• The corporate defendants negligently selected and reviewed its medical staff and failed to meet the applicable standard of care, which proximately caused the plaintiff’s injuries and damages;
• All the defendants were liable for medical negligence relating to the operation of their premises and equipment and the plaintiff’s examination and treatment.

DMC – the only remaining defendant in the state action after the remand of the case – filed a summary judgment motion. The trial court granted summary judgment in DMC’s favor. The court determined the following: first,...

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