Parent Authority Case Study

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Doctrine of Apparent Authority Many medical malpractice suits would always point out negligence of a physician exhibited during the course of treatment which led to a damage. However, not only the physicians are held liable on these particular situations but also the institution the physician has practiced. It has always been a part of a medical malpractice case to question if a certain institution that a physician works at should be also liable of the damages made. Most of the time, in order to prove that hospitals are also accountable, Doctrine of Apparent Authority is applied. Doctrine of Apparent Authority (also referred as Doctrine of Ostensible authority, doctrine of ostensible agency or agency by estoppel) denotes an authority/power …show more content…

A buyer would rely to a real estate agent in order to acquire such property. Any actions of the agent would not only represent itself alone but also the company it works for. So, if there happened to be a misunderstanding between the buyer and the agent, the company in general is also liable and is expected to interfere for such situation. This doctrine was also applied in the court ruling G.R. No. 171228: SAN JUAN DEDIOS HOSPITAL vs. NELSON CORTEJO. In the case, there happened a death of an 11-year-old boy due to a misdiagnosis and medical negligence of Dr. Casumpang, a consultant in San Juan Dedios Hospital. SJDH petitioned that they should not be liable of the damages brought upon and that Dr. Casumpang should only be held liable of the issue. Specific points where pointed out on SJDH’s petition: • Dr. Casumpang is not an employee of …show more content…

No. 171127 (2015), the following elements are considered: For a hospital to be liable under the doctrine of apparent authority, a plaintiff must show that: (1) the hospital, or its agent, acted in a manner that would lead a reasonable person to conclude that the individual who was alleged to be negligent was an employee or agent of the hospital; (2) where the acts of the agent create the appearance of authority, the plaintiff must also prove that the hospital had knowledge of and acquiesced in them; and (3) the plaintiff acted in reliance upon the conduct of the hospital or its agent, consistent with ordinary care and prudence2. In reference to the case, the respondent, Noel Cortejo, the father of the 11-year-old boy, have emphasized that he doesn’t know any doctor on SDJH and that he relied on the hospital institution alone. In addition, Cortejo didn not have an option to choose a specific physician because it happened to be that Dr. Casumpang is the only doctor that fit under his health care insurance, Fortune Care. This means that the respondent has no personal intentions of hiring Dr. Casumpang as the attending physician of his child but simply relied on the given circumstances. Also, Cortejo has no knowledge that Dr. Casumpang is an independent contractor of the hospital but naively believed that he is an employee of SDJH. Cleary, a case of

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