Emergency physicians, radiologists, anesthesiologists, and pathologists frequently practice under independent contracts with hospitals. Absent agency, the hospital is not vicariously liable for their negligence.
Apparent agency is the principal exception.
Alternative Names:
Contract Physician, Non-Employee Physician
Why it Matters?
Apparent agency defeats the defense where patients reasonably believed the physician was hospital staff, which is common in emergency departments where patients do not select their treating physician. Signage, consent form language disclosing contractor status, and billing practices are what establish or undermine the perception. Hospitals that bill for physician services under their own name substantially weaken the defense.
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Frequently asked questions
What defeats the independent contractor defense?
What evidence shapes that perception?
