You know the drill. If it looks like a duck, quacks like a duck, and has a few feathers, it’s probably a duck. Such reasoning pales before the question of whether apparent agency exists. The bird’s identity escapes definition when apparent agency is pled in medical malpractice.
Stop me if you’ve heard this. A man goes into a hospital with a broken foot. He sees nurses in the emergency room. He’s taken for x-rays. An orthopedic surgeon consults. Everyone says it’s a sprain. He leaves. The fracture is discovered later. He sues, claiming the orthopedist and the radiologist were the actual and apparent agents of the hospital. The punch line: Hospitals are not laughing.
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