A physician who is in control of the treatment of a patient may at the same time be the agent of a hospital. A physician, however, does not become an agent of a hospital merely by admitting or treating patients in that hospital.
Where a hospital offers a service, such as the care of an anesthesiologist, [radiologist, emergency room physician, the operating room setting] and the patient has no part in choosing the individual who will perform the service, a court may infer that the patient reasonably relied on the health care provider's apparent authority to act for the hospital. White v. Methodist Hosp. South, 844 S.W.2d 642 (Tenn. App. 1992).
Related Note: A medical facility that selects a competent physician for the care of a patient is not liable for mistakes made by the selected physician in the treatment rendered. However, a medical facility is liable for the negligence of the physician selected by the medical facility if, before the injury, the medical facility knew, or should have known, that the physician was incompetent to perform those duties the physician was reasonably expected to undertake.
