Hypothetical: Dr$.$ Dredd is an independent practitioner but sometimes picks up radiology consulting gigs at the Blackacre Hospital. Barbara Hershey visits Blackacre Hospital's ER for terrible back pain after an accident. She is seen by Dr$.$ Anderson, the hospitalist working the ER$.$ Dr$.$ Anderson calls in Dr$.$ Dredd to view Hershey's x$-$ray in the presence of the patient. Dr$.$ Dredd is introduced to Ms$.$ Hershey as "our radiologist here at Blackacre." Dr$.$ Dredd incorrectly diagnoses her as having some slight bruising and submits her for discharge, missing a major spinal fracture. Relying on Dr$.$ Dredd's diagnosis Hershey goes home and suffers catastrophic spinal injuries as a result.

Hershey wishes to sue the hospital directly. Under the modern rules of vicarious liability will she be able to$?$

Most likely yes. Dr$.$ Dredd was held out by the hospital as an employee and Hershey relied on it$.$ The rules of apparent agency apply.

Most likely yes. Dr$.$ Dredd has acted negligently while on hospital grounds, which establishes liability for the hospital.

Most likely no$.$ Dr$.$ Dredd is an independent contractor which shields the hospital from liability.

Most likely no$.$ Dr$.$ Dredd is just the worst, and the hospital really can't be expected to be responsible for someone who gets in this many scrapes with the law.