The Kentucky Court of Appeals reversed summary judgment granted to a hospital dismissing the hospital from a malpractice claim under an agency theory. Upon arriving at the hospital, the patient was treated by a family practice physician for episodes of vomiting and headache. Prior to conducting a CT scan, the patient's mother signed a hospital form pertaining to consent to examination and treatment. Upon interpreting the CT scan, a radiologist concluded that the scan was normal and recommended consideration of an MRI with contrast if the vomiting continued. The patient died a couple months later as the result of a brain tumor. After alleging negligence against the attending physician, the radiologist and their respective medical practice groups, the complaint was subsequently permitted to be amended to allege both direct and ostensible agency negligence claims against the hospital. Based on the language of the hospital consent form signed, the court held that the language was sufficiently ambiguous so as to allow the claim to go to the jury.