American Way appealed, arguing that A&J was an actual or ostensible agent
Baylor Health Care System, the defendants were the primary obstetrician who provided prenatal services, his partner who was covering his shift when the baby was delivered, and an obstetrical resident (the ostensible agent
of the hospital) who wrote the orders admitting the mother to the hospital and to labor and delivery.(8) The resident had a duty to screen the mother for GBS and start her on intravenous antibiotics during delivery.
A Pennsylvania appellate court similarly reversed a grant of summary judgment in favor of an IPA-model HMO in a case alleging that the HMO's contracting physicians were its ostensible agents
. The plaintiff sought to hold the HMO liable for negligent diagnosis and treatment by the physicians.
Some of them fall into the category of the Apparent or Ostensible Agent
. In this unusual Florida case, all bets were off when a hospital's ER department provided emergency treatment to a burn victim who had suffered second and third degrees over 85 percent of his body.
Pinebrook's employees, agents, servants, and ostensible agents
knew and were aware that Mary was not capable of lifting her feet during wheelchair transports.
ISSUE: Hospital Administrators, as well as their insurers and legal representatives should be keenly aware that by settling a claim against it, the hospital has not extended the statute of limitations for seeking indemnity from doctors who are apparent or ostensible agents
as well as other parties who might also be responsible for the injury or death involved.
The plaintiff will likely plead this theory by casting the ED physicians as ostensible agents
; in other words, the hospital has held itself out to the public as a provider of care, as evidenced by the hospital sign that ED doctors were on duty 24 hours a day.
Durante and Allen were ostensible agents
of the Plan and Group, and that Dr.
1998) (HMOs are liable for damages caused by their employees, agents, ostensible agents
, or those over whom they can or did exercise influence or control resulting in a failure to exercise ordinary care).