Malpractice suit alleges doctor injured patient during surgery, caused neurological issues
A hospital may be liable for the negligence of staff physicians under the ostensible agency theory, except if it gave the patient actual notice that they were not hospital employees and if the patient could understand and act on this information, the California Court of Appeal has said.
The case of Franklin v. Santa Barbara Cottage Hospital involved a medical malpractice suit. A patient’s primary care physician checked his complaint about back pain and found a herniated disc. The patient was referred to Dr. John Park, a staff physician of Santa Barbara Cottage Hospital, for further treatment.
The patient saw Dr. Park twice at his office, which was in a building across the street from the hospital, and agreed to his recommendation for a discectomy. As advised, the patient went to the hospital’s emergency room and signed a consent form authorizing the surgical procedure. A complication during the surgery allegedly led to the patient developing serious neurological problems.
In his malpractice action against Dr. Park, the patient claimed that the physician negligently injured him during the surgery. The parties settled the suit for $1 million. The patient then tried to sue the hospital based on its alleged vicarious liability – under both the actual agency theory and the ostensible agency theory – for Dr. Park’s negligence.
The trial court granted summary judgment in the hospital’s...
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