Apparent agency imposes liability where the institution held the practitioner out as its agent and the patient reasonably relied on that appearance. It commonly applies to emergency department, radiology, anesthesiology, and hospitalist physicians who are independent contractors.
Elements generally require a holding out by the institution and justifiable reliance by the patient.
Alternative Names:
Ostensible Agency, Agency by Estoppel
Why it Matters?
This doctrine determines whether a hospital is in the case at all when the negligent physician was an independent contractor, which is the norm for emergency and hospital-based specialties. Defense turns on documentation: signage, admission forms disclosing contractor status, and billing practices. Consent forms disclaiming employment are common but frequently held insufficient where the overall presentation suggested otherwise.
Frequently Confused with
Related terms
Frequently asked questions
Does a signed disclosure defeat apparent agency?
Which physicians most often trigger the doctrine?
