Finnin v. St. Barnabas Hosp.,
No. 1503 (N.Y. App. Div. June 24, 2003)

A New York appeals court ruled that a trial was necessary to determine whether a hospital should be vicariously liable for the actions of one of its emergency room physicians. Since the patient alleged that she had never met the physician before being admitted to the hospital or been told of his status as an independent contractor, a jury could have found that the hospital was liable for the actions of the physician under the theory of "ostensible agency."