Monday, July 16, 2007

Tennessee Appeals Court Finds Hospital Cannot Be Held Liable For Actions Of Physician It “Disavowed” As Agent In Consent Form

In two separate medical malpractice cases, a hospital took sufficient steps to disavow an agency relationship between itself and the physician alleged to have committed the underlying negligent act thereby precluding plaintiffs’ apparent agency claims, a Tennessee appeals court ruled June 12.

The Tennessee Court of Appeals therefore reversed, in both cases, a trial court’s ruling denying the hospital’s motion for summary judgment on the apparent agency issue.

Dewald v. HCA Health Servs. of Tennessee, No. M2006-2369 (Tenn. Ct. App. June 12, 2007).

Boren v. Weeks, No. M2007-628 (Tenn. Ct. App. June 12, 2007).

Full article