April 22, 2011

Vicarious liability for medical malpractice.

Practice point: Apparent or ostensible agency may serve as a predicate for the claim.

Students should note that a supervised practitioner who is not exercising independent judgment will not be liable unless the supervisor's instructions are so deviant from normal practice that there should be liability for failing to intervene.

Bellafiore v. Ricotta, NY Slip Op 02822 (2d Dept. 2011).


Monday's issue is Labor Law.