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Keywords

contractnegligenceappealtrialsummary judgment
contractjurisdictiondepositionnegligenceliabilityappealtestimonypleasummary judgmentappellant

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Boyd v. Albert Einstein Medical Center, 377 Pa.Super. 609, 547 A.2d 1229

Facts

The decedent and her husband were participants in the HMO when she sought medical attention for a lump in her breast. After a series of medical consultations and a biopsy performed by a participating physician, the decedent suffered complications and ultimately died from a myocardial infarction. The widower claimed that the HMO was negligent in overseeing its physicians and that the HMO's representations led them to believe they were receiving competent care.

The facts, as averred by the parties in their pleadings and elicited through deposition testimony, reveal that at the time of her death, decedent and her husband were participants in the HMO.

Issue

The main legal issue was whether the participating physicians were the ostensible agents of the HMO, which would make the HMO liable for their negligence.

Appellant contends that he has raised a question of material fact as to whether the treating physicians were the ostensible agents of HMO.

Rule

The court applied the theory of ostensible agency, which holds that an employer can be liable for the actions of an independent contractor if the employer holds out the contractor as its agent and the third party relies on that representation.

In adopting the theory of ostensible agency, we noted that several jurisdictions had applied the concept to cases involving hospital liability for the negligence of independent contractor physicians.

Analysis

The court analyzed whether the decedent looked to the HMO rather than the individual physicians for care and whether the HMO held out the physicians as its employees. The evidence suggested that the HMO's structure and the way it provided care led patients to rely on the HMO for their medical needs, indicating a potential ostensible agency relationship.

We find that the facts indicate an issue of material fact as to whether the participating physicians were the ostensible agents of HMO.

Conclusion

The court concluded that there was an issue of material fact regarding the ostensible agency of the physicians and reversed the trial court's summary judgment in favor of the HMO.

The order granting summary judgment is reversed and the case remanded for proceedings consistent with this opinion.

Who won?

The prevailing party on appeal was the widower, as the court found that there was a genuine issue of material fact that warranted further examination.

The prevailing party on appeal was the widower, as the court found that there was a genuine issue of material fact that warranted further examination.

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