Practice point: A hospital is ordinarily not liable for the acts of a private attending physician unless a patient, in accepting treatment by the
private physician, relies upon the fact that the physician's services
are provided by the physician as the hospital's apparent agent, such as where the patient comes to the emergency room
seeking treatment from the hospital and not from a particular physician
of the patient's choosing.
Student note: Where apparent agency is
established as a predicate for holding the hospital responsible for the
alleged malpractice, liability is contingent upon the plaintiff having a viable claim against the treating physician.
Case: Polgano v. Christakos, NY Slip Op 01615 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Compensation for pain and suffering.
