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9 Cards in this Set

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If
1) Private physician
2) makes act or omission
3) by exercising Professional Judgment
and
4) hospital does NOT direct manner/method of treating patient
...
Is hospital liable for Dr's acts?
No.
If
1) A hospital's employee or independent contractor
2) commits Negligent Acts
3) under IMMEDIATE SUPERVISION of a SURGEON
...
Is hospital liable for it's own Servant's acts?
No, under the "Loaned or Borrowed Servant" doctrine.
If
1) A hospital's employee or independent contractor
2) commits Negligent Acts
3) under IMMEDIATE SUPERVISION of a SURGEON
...
Is Surgeon liable for acts by hospital's Servant's?
Yes, under the "Loaned or Borrowed Servant" doctrine.

IF Dr. had opportunity:
1) to OBSERVE the personnel's actions
AND
2) to ALTER the course of events.
True or False:
Georgia adopts the "Captain of the Ship Doctrine" and makes hospitals liable for negligent acts of its nurses while they're supervised by Dr.'s.
False; Ga. adopted the "Loaned or Borrowed Servant" doctrine.
When is hospital liable under the doctrine of "Apparent Agency"?
ELEMENT ONE: Hospital holds out Dr as its agent: 1) hospital furnishes a Dr. AS ITS OWN, and 2) calls upon patient to accept services b/c of HOSPITAL'S REPUTATION (not Dr's)

ELEMENT TWO: Patient REASONABLY RELIES on the 'holding out'
If hospital defeats "respondeat superior", does this also defeat "apparent agency" ?
No.
Even if hospital proves that Dr. is "independent contractor",
the elements of "apparent agency" can still be met based on hospital's advertising.
Two common examples of Apparent Agency
1) E.R. doctors

2) Radiologists
Two ways hospitals try to avoid Apparent Agency
1) Conspicuous Signs: Dr's are independent contractors

2) Consent Forms: Inform patient of no agency
> 2/15/2005, how can hospital insulate itself from "apparent agency" claim?
1) Post sign
2) 1" letters
3) conspicuous place
[OR paper signed by patient]
4) explains Dr's are independent contractors

EVEN IF patient doesn't see/read/understand