Are apparent agency disclaimers fair?
Credentialing and Peer Review Legal Insider, July 1, 2009
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Your facility may be focused on preventing negligent credentialing lawsuits, but don’t overlook apparent agency claims, which can hold the hospital legally responsible when physicians providing healthcare services under a contract with the hospital are accused of medical malpractice.
Under the apparent agency theory, a patient can sue a hospital for the negligence of a physician if the patient perceived that the physician was an employee or agent of the hospital at the time care was rendered, says Michael Callahan, Esq., an attorney at Katten Muchin Rosenman, LLP, in Chicago.
This is an excerpt from a member only article. To read the article in its entirety, please login or subscribe to Credentialing and Peer Review Legal Insider.
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