Roessler v. Novak

Apparent Agency

Roessler v. Novak,
No. 2D02-1670
(Fla. App. Nov. 7, 2003)

A patient sued a physician for medical malpractice. He also sued the hospital
where he received treatment under the theory that the physician was an
apparent agent of the hospital. The court established three elements that
must be
present for apparent agency to exist: (1) a representation by the purported
principal, (2) a reliance on that representation by a third party, and
(3) a change in position by the third party in reliance on the representation.
The appellate court acknowledged that hospitals are usually not found liable
for the actions of physicians working as independent contractors, which
was
the case here. The court did hold, however, that the apparent agency question
was for the jury to decide, so the lower court’s dismissal of the issue
was improper.