Troilo v. Michner — Nov. 2015 (Summary)

APPARENT AUTHORITY

Troilo v. Michner
Civil Action No. 13-2012 (D.N.J. Nov. 13, 2015)

The District Court of New Jersey denied a medical center’s motion for summary judgment with regard to a medical malpractice action brought by a patient who claimed the medical center was liable for a physician’s negligent stillbirth of the patient’s child.

The patient had received medical care from the physician at the medical center on two occasions, the first after falling on her stomach, and the second for the delivery of her stillborn child. Although the medical center had provided a “conspicuous disclaimer” of the independent status of the physician, the court explained such a disclaimer was only one factor among many that must be considered to determine whether the physician was acting under the apparent authority of the medical center. The court held a jury could find the medical center failed to take sufficient measures to provide notice of the doctor’s independence because of the patient’s difficulty with reading. Additionally, the court noted the patient was not provided an opportunity to reject the care of the physician, further supporting the decision to dismiss the motion.