Whitlow v. Rideout Mem’l Hosp. – June 2015 (Summary)

OSTENSIBLE AGENT

Whitlow v. Rideout Mem’l Hosp., No. C074810 (Cal. Ct. App. June 9, 2015)

The Court of Appeal of the Third District of California reversed summary judgment in favor of a hospital that claimed an emergency room physician who failed to treat a decedent’s brain hemorrhage was an ostensible agent of the hospital.

The patient, who came to the hospital crying, in excruciating pain and exhibiting high blood pressure, nausea, vomiting and dizziness, was asked by a hospital employee to sign a form stating the physicians and surgeons furnishing services to patients were independent contractors and were not employees or agents of the hospital. Signs in the emergency room also displayed this information. The physician misdiagnosed the hemorrhage and the patient died two days later. The court held the “mere existence of a boilerplate admissions form,” signage, and insignia on the physician’s clothing did not conclusively show the decedent should have known her treating physician was not the hospital’s agent.