Thorton v. Md. Gen. Hosp. (Summary)

VICARIOUS LIABILITY

Thorton v. Md. Gen. Hosp., Civil Action No. WMN-13-162 (D. Md. Jan. 7, 2015)

The United States District Court for the District of Maryland denied a defendant hospital’s motion to dismiss, holding that the hospital may be held vicariously liable for the conduct of a non-employee physician and such determination is for the trier of fact after a trial.

A patient presented at the hospital, while in labor. The patient delivered a stillborn infant under the care of an obstetrician who was not an employee of the hospital, but had clinical privileges. Plaintiffs, the patient’s family, brought suit against the obstetrician and the hospital after the patient’s condition worsened and she passed away. The hospital moved to dismiss the case, arguing that it cannot be liable for the obstetrician’s conduct because he is not an agent of the hospital.

The court held that even though the obstetrician was not an actual agent of the hospital, it could still be liable for his conduct if a jury finds that he was an apparent agent of the hospital. Apparent agency is applied when a third person, in this case a patient, justifiably relies upon a principal’s representation, here a hospital, that another is its agent. The court explained that the obstetrician arrived wearing the hospital’s identification badge and said nothing to indicate that he was not an employee of the hospital. Thus, a jury could conclude that the obstetrician appeared to be an agent of the hospital and the patient relied on this representation.