Under the doctrine of respondeat superior, the hospital may be held vicariously liable for the negligence or malpractice of its employees acting within the scope of their employment, but not for negligent treatment provided by an independent physician, as when the physician is retained by the patient. However, the hospital may be vicariously liable for the treatment provided by an independent physician if the patient comes to the emergency room seeking treatment from the hospital and not from a particular physician of the plaintiff's choosing, or if the nonemployee physician acts as an agent of the hospital or the hospital exercises control over the physician.
Vargas v. Lee, NY Slip Op 04661 (2d Dep't July 20, 2022)
