Indiana in step with doctor agency cases

Lawyers' Forum

By Jack J. Casciato

Jack J. Casciato is a partner at Clifford Law Offices that focuses his practice on construction cases, trucking accidents and medical-malpractice actions.

Posted March 19, 2019 3:41 PM

As long held in Illinois, a hospital can be liable for the negligence of an independently contracted doctor, thus not an employee of the hospital, if the doctor acted or “held out” in a manner that would lead a reasonable person to conclude that the alleged tortfeasor was an employee or agent of the hospital, and where the plaintiff “justifiably relied” on such.The Illinois Supreme Court’s decision in Gilbert v. Sycamore Municipal Hospital, 156 Ill.2d 511 (1993), rested significantly on the …

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