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Did 'birthing hospital' advertising pave way for vicarious liability?


CASE upon POINT: Brown v. St. Vincent's Hospital, 2004 WL 2260310 So2d -AL

ISSUE: The law is clear that beneath the doctrine of Respondeat Superior, employer are responsible for the negligence or malpractice of their employee It should be equally clear that in those situations in which there is, in fact, no employee/ employer relationship between physicians and a hospitals there should be no liability for the negligence or malpractice of those who are not busyed by hospitals. However, under the doctrine of ostensible agency or apparent authority hospitals may be liable for the negligence or malpractice of


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