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Jack Casciato Authors Column on Hospital Negligence Based on Independently Contracted Doctor Versus Doctor Employed by a Hospital

When a patient has a procedure done at a hospital, does that person really know if the doctor is employed by the hospital or is really an independently contracted medical provider who is offering health care services?

Jack J. Casciato, partner at Clifford Law Offices, wrote an article for the Chicago Daily Law Bulletin (“Indiana in step with doctor agency cases,” March 20, 2019) that explains a recent federal case to come out of Indiana that explains the difference.

In doing so, the doctrine of “apparent agency” comes into play and how a court will dive into a factual inquiry of the “totality of the circumstances” to determine “whether the actions or inactions of the hospital led the patient to believe the doctor was an employee or agency of the hospital,” particularly through its marketing and other ways that it holds out the medical provider to the public.

To read the entire article, and how Illinois and Indiana law looks at this issue, click here.