In the case of a gastric bypass surgery gone wrong, a divided Connecticut Supreme Court has ruled that a plaintiff can recover damages under a theory of vicarious liability that holds the hospital liable for the medical malpractice of its nonemployee doctors.
In the 4-3 split decision, Connecticut’s highest court recognized the doctrine of apparent agency in tort actions, under which a principal may be held vicariously liable for the negligence of a person whom the principal has held out as its agent or employee.
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