In 2000, Loretta Henry was pregnant and experiencing pain in her abdomen. After visiting a clinic, she
Question:
In 2000, Loretta Henry was pregnant and experiencing pain in her abdomen. After visiting a clinic, she was referred to Flagstaff Medical Hospital. Once there, she was examined and treated by Dr. Kraig Knoll, a physician with a physician’s group providing a service for the hospital. Knoll advised her to have her gallbladder removed, and he performed the surgery. Although Henry read and signed two consent forms, she was never told that Knoll was not an employee of the hospital and was instead an independent contractor. Subsequently, Henry sued the hospital for negligence when after her child was born, both mother and child sustained injuries. She claimed there was an apparent agency relationship. The hospital argued that Henry could not establish an agency relationship between Flagstaff Hospital and Knoll. What duties did Flagstaff Hospital owe Knoll as an independent contractor? Did the court find enough evidence to establish an agency relationship?
Step by Step Answer:
Dynamic Business Law The Essentials
ISBN: 978-0078023842
3rd edition
Authors: Nancy K. Kubasek, M. Neil Browne, Daniel J. Herron, Lucien Dhooge Sue