Sanchez v. Medicorp Health Sys.

VICARIOUS LIABILITY

Sanchez v. Medicorp Health Sys., No. 042741 (Va. Sept.
16, 2005)

The Supreme Court
of Virginia held that a hospital was not vicariously liable for the medical
negligence of an independent contractor physician in its emergency room. Unlike
a number of other states, Virginia has not adopted the theory of apparent or
ostensible agency to hold an employer liable for the actions of an independent
contractor. Therefore, the Supreme Court of Virginia was unwilling to adopt
the theory in the present case and thus affirmed the judgment of the circuit
court dismissing the patient’s medical malpractice action against the hospital.